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MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD JANUARY 19, 2012 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX 221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:29 p.m. – 6:53 p.m.) Present: Commissioner Wilson B. Robertson, Chairman, District 1 Commissioner Gene M. Valentino, Vice Chairman, District 2 Commissioner Grover C. Robinson IV, District 4 Commissioner Marie K. Young, District 3 Commissioner Kevin W. White, District 5 Honorable Ernie Lee Magaha, Clerk of the Circuit Court and Comptroller (Public Forum only) Charles R. "Randy" Oliver, County Administrator Alison Rogers, County Attorney Patricia L. Sheldon, Clerk and Comptroller's Administrator of Financial Services Doris Harris, Deputy Clerk to the Board Judy H. Witterstaeter, Administrative Assistant, County Administrator's Office PUBLIC FORUM WORK SESSION Chairman Robertson called the Public Forum Work Session to order at 4:29 p.m. 1. FOR INFORMATION: The Board heard comments from the following three citizens concerning the Animal Shelter and/or the Animal Services Advisory Committee (ASAC), and heard the request from Commissioner White that staff investigate these concerns: A. Sharyn Berg, who suggested that rabies vaccinations be administered to animals at the Animal Shelter, as opposed to the current requirement that the vaccine be administered by a Veterinarian, at the Veterinarian's Office, at an average cost of $40.16; B. Riley Reaves, who advised that at the last ASAC Meeting, the meeting supervisor erroneously informed Committee members that they cannot communicate directly with their Commissioners, and that she had requested transcripts and/or audio for the past four meetings and was advised that none of the meetings were on record; and C. Colleen Bridgman, who advised that she supports animal advocates and the issues that have been brought to the Board's attention today, and expressed her desire to be actively involved in the community's animal issues. 1/19/2012 Page 1 of 32 dch

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  • MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

    HELD JANUARY 19, 2012 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX

    221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:29 p.m. – 6:53 p.m.)

    Present: Commissioner Wilson B. Robertson, Chairman, District 1 Commissioner Gene M. Valentino, Vice Chairman, District 2 Commissioner Grover C. Robinson IV, District 4 Commissioner Marie K. Young, District 3 Commissioner Kevin W. White, District 5 Honorable Ernie Lee Magaha, Clerk of the Circuit Court and Comptroller (Public Forum only) Charles R. "Randy" Oliver, County Administrator Alison Rogers, County Attorney Patricia L. Sheldon, Clerk and Comptroller's Administrator of Financial Services Doris Harris, Deputy Clerk to the Board Judy H. Witterstaeter, Administrative Assistant, County Administrator's Office PUBLIC FORUM WORK SESSION Chairman Robertson called the Public Forum Work Session to order at 4:29 p.m. 1. FOR INFORMATION: The Board heard comments from the following three citizens

    concerning the Animal Shelter and/or the Animal Services Advisory Committee (ASAC), and heard the request from Commissioner White that staff investigate these concerns:

    A. Sharyn Berg, who suggested that rabies vaccinations be administered to animals at

    the Animal Shelter, as opposed to the current requirement that the vaccine be administered by a Veterinarian, at the Veterinarian's Office, at an average cost of $40.16;

    B. Riley Reaves, who advised that at the last ASAC Meeting, the meeting supervisor

    erroneously informed Committee members that they cannot communicate directly with their Commissioners, and that she had requested transcripts and/or audio for the past four meetings and was advised that none of the meetings were on record; and

    C. Colleen Bridgman, who advised that she supports animal advocates and the issues

    that have been brought to the Board's attention today, and expressed her desire to be actively involved in the community's animal issues.

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued PUBLIC FORUM WORK SESSION – Continued 2. FOR INFORMATION: The Board heard comments from L. Gary Sansing concerning

    Senate Bill 206 (which requires boards or commissions to provide members of the public a reasonable opportunity to be heard on items of significant interest before official action is taken), the bailouts, the dotcom bubble, Y2K, subprime (mortgage) loans, and the flash crash, and his prediction that the government will eventually bundle and sell the property associated with its subprime loans.

    3. FOR INFORMATION: The Board heard the suggestion from Justin Jones that Escambia

    County Area Transit either increase the frequency of runs or operate additional buses on Saturdays.

    4. FOR INFORMATION: The Board heard comments from Katie Krasinski, who advised

    that her business incurred significant losses as a result of the BP (Deepwater Horizon) Oil Spill and has not yet been paid by BP, and was advised by Commissioner Robinson that the Board cannot be involved in private-sector claims; however, he will be happy to forward Ms. Krasinski's information relative to her claim to the people with whom the County has been working.

    5. FOR INFORMATION: The Board heard comments from Michael A. Lowery concerning

    three items on the agenda for today's Regular Board Meeting; i.e., County Administrator's Report Item 1-10 and III-3, Human Resources Policy revisions and award of a Contract to First Transit, Inc., respectively, and the Orderly Conduct of Meetings policy revision, County Attorney's Report Item I-1, and was advised by Mr. Lowery that the Amalgamated Transit Union supports awarding the Contract to First Transit (for Escambia County Area Transit Management Services) and the Orderly Conduct of Meetings Policy revision, as well as Senate Bill 206, to which Mr. Sansing referred.

    5:01 P.M. – PUBLIC FORUM ADJOURNED 5:32 P.M. – REGULAR BOARD MEETING CONVENED

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA 1. Call to Order Chairman Robertson called the Regular Meeting of the Board of County Commissioners

    to order at 5:32 p.m. 2. Invocation

    Commissioner Robinson introduced Joe Miller, Local Director of Pray for Pensacola and Director of the National Day of Prayer Task Force for the State of Florida, to deliver the Invocation.

    3. Pledge of Allegiance to the Flag Chairman Robertson advised that Commissioner Young would lead the Pledge of

    Allegiance to the Flag. 4. Adoption of the Agenda

    Motion made by Commissioner White, seconded by Commissioner Valentino, and carried unanimously, adopting the agenda as prepared and duly amended.

    5. Commissioners’ Forum A. District 4 – Commissioner Robinson expressed his appreciation to Wesley J. “Wes”

    Moreno, Director, Infrastructure Branch, Public Works Department, and the Road Department staff, for clearing undergrowth at the Emergency Operations Center so that the facility is visible from “W” Street; and

    B. District 2 – Commissioner Valentino provided comments concerning the Regional

    Transportation Planning Organization’s Meeting yesterday (January 18, 2012) in Navarre, at which the respective Commissioners, City Councilmen, and Mayors of four counties were represented, as well as the University of West Florida and the CUTR (Center for Urban Transportation Research) institute.

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA – Continued 6. Written Communication – Anthony Sessa Motion made by Commissioner Robinson, seconded by Commissioner White, and

    carried unanimously, approving to inform Bank of America that the Board will release this property, with the provision that Bank of America pay the hard costs, court costs, and abatement fees, and waiving the remainder of the Lien, relative to the December 7, 2011, communication from Anthony Sessa, Remax Horizons Realty, requesting that the Board forgive, or reduce the amount of, a Code Enforcement Lien against property located at 3550 Ridgecrest Lane (recorded in the name of Christopher J. Kreakbaum).

    7. Proof of Publication Motion made by Commissioner Robinson, seconded by Commissioner Valentino, and

    carried unanimously, waiving the reading of the legal advertisement(s) and accepting, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners –Escambia County, Florida, Meeting Schedule, as follows:

    A. The following two Public Hearings on the agenda: (1) The 5:31 p.m. Public Hearing, advertised in the Pensacola News Journal on

    January 16, 2012, for consideration of adopting a Resolution amending the Fiscal Year 2011-2012 Budget; and

    (2) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on

    January 6, 2012, for consideration of adopting an Ordinance approving Comprehensive Plan Amendment 2011-02; and

    (Continued on Page 5)

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA – Continued 7. Continued… B. The Board of County Commissioners – Escambia County, Florida, Meeting

    Schedule January 16- January 20, 2012 – Legal No. 1550861, as published in the Pensacola News Journal on January 14, 2012, as follows:

    January 16 Escambia County Offices Closed - Martin Luther King Holiday January 17 10:00 a.m. Pensacola Escambia Promotion & Development Commission January 17 1:30 p.m. Environmental Enforcement Special Magistrate January 17 4:00 p.m. Escambia County Health Facilities Authority January 18 8:00 a.m. Soil & Water Conservation District Board January 18 8:30 a.m. Board of Adjustment January 18 9:00 a.m. Tourism Administration & Convention Committee January 18 10:30 a.m. Technical Working Group January 18 1:00 p.m. Development Review Committee January 18 1:30 p.m. Northwest Florida Regional Transportation Planning Org. January 18 2:00 p.m. Wellness Committee Meeting January 19 8:45 a.m. Community Redevelopment Agency Meeting January 19 9:00 a.m. Board of Electrical Examiners January 19 9:00 a.m. Board of County Commissioners Agenda Work Session January 19 4:00 p.m. Attorney Client Session January 19 4:30 p.m. Board of County Commissioners Public Forum January 19 5:30 p.m. Board of County Commissioners Public Hearings & Reports January 20 9:00 a.m. County Investment Advisory Committee NEXT WEEKS NOTE: January 23 4:00 p.m. District 2 West End Advisory Committee January 23 6:00 p.m. Bush/Waring/Redwing Community Meeting January 24 1:30 p.m. Environmental Enforcement Special Magistrate January 24 6:00 p.m. Baskerville Donovan & EDSA Presentation

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA – Continued 8. 5:31 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Valentino, and

    carried unanimously, adopting the Resolution (R2012-7) approving Supplemental Budget Amendment #056, in the amount of $51,924,986, to recognize certain revenues and adjust fund balance estimates for the following funds, and to appropriate these funds accordingly:

    General Fund (001) Escambia County Restricted Fund (101) Economic Development Fund (102) Code Enforcement Fund (103) Mass Transit Fund (104) M&A State Fund (106) Tourist Promotion Fund (108) Other Grants and Projects Fund (110) Misdemeanor Probation Fund (114) Article V Fund (115) Development Review Fees (116) Perdido Key Beach Mouse Fund (117) Law Enforcement Trust Fund (121) Escambia Affordable Housing Fund (124) Handicapped Parking Fund (130) Family Mediation Fund (131) Fire Protection (MSBU) Fund (143) E-911 Operations Fund (145) HUD-CDBG Housing Rehab Fund (146) Community Redevelopment (Agency) Fund (151) Southwest Sector CRA Fund (152) Bob Sikes Toll Bridge Fund (167) Transportation Trust Fund (175) MSBU Assessment Fund (177) Master Drainage Basin Fund (181) FTA Capital Projects Fund (320) New Road Construction Fund (333) Local Option Sales Tax II Fund (351)

    (Continued on Page 7)

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA – Continued 8. Continued… Local Option Sales Tax III Fund (352) Solid Waste Fund (401) Building Inspections Fund (406) EMS Fund (408) Civic Center Fund (409) Internal Service Fund (501) Speaker(s) – None. 9. C/W Recommendation Motion made by Commissioner White, seconded by Commissioner Young, and carried

    unanimously, approving Items A through H, as follows, with the exception of Item C, which was held for a separate vote, as recommended by the Committee of the Whole (C/W) at the January 12, 2012, C/W Workshop:

    A. Approving to proceed with the transfer of four County-owned parcels, located within

    and near the Escambia Treating property, to the City of Pensacola, with the addition in the Resolution of the condition that the City will not operate a recycling facility on the property (C/W Item 3);

    B. Approving Option #1 relative to the creation of the West Florida Public Library Blue

    Ribbon Committee, which will consist of five County representatives, one from each (Commission) District, three City of Pensacola representatives, and one Library Board representative, for a total of nine members (C/W Item 4);

    C. See Page 9; D. Approving to delay, for six months, any decision regarding changes in the Structure

    of (the) Visitor’s Convention Bureau, and rescheduling the issue for the July 19, 2012, C/W Workshop (C/W Item 7);

    (Continued on Page 8)

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA – Continued 9. Continued… E. Authorizing the County Administrator to communicate to George Hawthorne that the

    Board is unwilling to guarantee any debt and that, if Mr. Hawthorne still wishes to make a presentation relative to Adaptive Reuse of The Pensacola Civic Center, he will need to govern himself accordingly (C/W Item 8);

    F. Approving to direct staff to proceed with creation, through Lloyd Kerr, of a (Perdido

    Key Neighborhood) Master Plan program and respond at the February 9, 2012, C/W Workshop (C/W Item 10);

    G. Authorizing the Chairman to send a letter or Resolution to the U. S. Department of

    Agriculture, or other appropriate agency (expressing the Board’s opposition to the Federal government’s closure of the Molino agriculture [Farm Service Agency] office) (Item added to the agenda by Commissioner White); and

    H. Authorizing the County Attorney to proceed to mediation, as authorized by

    Chapter 70.51, Florida Statutes, “Florida Land Use and Environmental Dispute Resolution Act,” and as requested by the developer of an RV Park on Pensacola Beach who was cited by Code Enforcement for violation of the County's Sand Ordinance, and approve requiring, in the interim, that the site owner cover the piles of contaminated soil (Item added to the agenda by County Attorney Rogers).

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued REGULAR BCC AGENDA – Continued 9. Continued… C. Natural Gas Franchise for Pensacola Beach Motion made by Commissioner Robinson, seconded by Commissioner Young, and

    carried 4-0, with Commissioner Valentino abstaining (and filing Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers), approving to schedule a Public Hearing for March 1, 2012, concerning the January 12, 2012, C/W recommendation that the Board take the following action relative to Natural Gas Franchise for Pensacola Beach (C/W Item 5):

    (1) Schedule a Public Hearing to “carve out” an exclusive Franchise Agreement for

    the City of Gulf Breeze to provide natural gas services to Pensacola Beach residents, unless an amicable agreement of all parties is reached prior to the Public Hearing; and

    (2) Approve that the County Administrator and the County Attorney, or her

    designee from the County Attorney’s Office, will be the County's representatives for the conflict resolution (Government Dispute Resolution Process) and that the Santa Rosa Island Authority will be included in the conflict resolution.

    Speaker(s): Don Suarez Edwin Eddy

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued CLERK OF COURTS & COMPTROLLER’S REPORT – Honorable Ernie Lee Magaha, Clerk

    of the Circuit Court & Comptroller I. CONSENT AGENDA

    1-4. Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Valentino, and carried unanimously, approving Consent Agenda Items 1 through 4, as follows: 1. Accepting, for filing with the Board's minutes, the following seven reports prepared by the

    Clerk of the Circuit Court & Comptroller's Finance Department: A. Payroll Expenditures for Pay Date January 6, 2012, in the amount of $2,069,537.32; B. The following two Disbursement of Funds: (1) December 29, 2011, to January 4, 2012, in the amount of $10,804,146.64; and (2) January 5, 2012, to January 11, 2012, in the amount of $19,396,705.87; C. Tourist Development Tax Collections Data for the November 2011 returns received

    in the month of December 2011; this is the third month of collection in Fiscal Year 2012, and the total collected for the month of November 2011 was $326,460, which is an 8.12% increase over collections during November 2010; budgeted revenues for the first three months, or 25%, of the Fiscal Year, are $1,358,437, while Fiscal Year-to-Date collections are $1,190,748;

    D. Budget Comparison Reports for three months, or 25%, of Fiscal Year 2012, as

    follows: (1) Summarized, by Fund, Budget to Actual Comparison as of December 31, 2011;

    and (2) Actual Revenue and Expenditure Comparison to the prior Fiscal Year as of

    December 31, 2011; and E. The Investment Report for the month ended December 31, 2011.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued CLERK OF COURTS & COMPTROLLER’S REPORT – Continued I. CONSENT AGENDA – Continued

    1-4. Approval of Various Consent Agenda Items – Continued 2. Approving Records Disposition Document No. 471, for disposition of Board of County

    Commissioners' Records, Item 32a, Minutes: Official Meetings (Transcripts: Microfilmed on Rolls 475 through 478), for the period June 16, 2011, through September 27, 2011, in accordance with State Retention Schedule GS1, since the permanent records have been scanned and/or microfilmed.

    3. Approving to amend the Minutes of the Regular Board Meeting held September 1, 2011,

    Commissioner White's add-on Item 1, approving, and authorizing the Chairman to sign, Contract Amendment #1 to the Management Agreement between the County and Veolia Transportation Services, Inc. – PD# 03-04.036, to extend the Agreement for ninety (90) days, to add "with the option to extend for an additional ninety (90) days," which was omitted due to a scrivener's error.

    4. Taking the following action concerning Minutes and Reports prepared by the Clerk to the

    Board's Office: A. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work

    Session held January 5, 2012; B. Approving the Minutes of the Regular Board Meeting held January 5, 2012; and C. Approving the Minutes of the Attorney-Client Session held January 12, 2012.

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued GROWTH MANAGEMENT REPORT – T. Lloyd Kerr, Director, Development Services Department I. PUBLIC HEARINGS 1. 5:45 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Valentino, and

    carried 4-0, with Commissioner Robinson abstaining (and filing Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers), adopting (an Ordinance [Number 2012-3] approving) the proposed Comprehensive Plan Amendment (CPA) 2011-02, amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan 2030, as amended; amending the Future Land Use Map designation (of a parcel located in the 200 Block of Becks Lake Road, from Mixed Use Suburban [MU-S] to Mixed Use Urban [MU-U]).

    Speaker(s) – None. COUNTY ADMINISTRATOR'S REPORT – Charles R. "Randy" Oliver, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA

    1-10. Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Robinson, and carried unanimously, approving Consent Agenda Items 1 through 10, as follows (Item 11 was held for a separate vote): 1. Approving the Request for Disposition of Property Form for the Information Technology

    Department, for one item of equipment, which is described and listed on the Request Form with reason for disposition stated; the item is to be auctioned as surplus or properly disposed (of).

    2. Accepting, for filing with the Board’s Minutes, the November 17, 2011, Community

    Redevelopment Agency's (CRA) Meeting Minutes, prepared by Clara Long, Urban Planner II, CRA.

    3. Accepting, for filing with the January 19, 2012, Board’s Minutes, the Information Report

    concerning the Enterprise Zone Development Agency (EZDA) 2011 Annual Report.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA – Continued

    1-10. Approval of Various Consent Agenda Items – Continued 4. Taking the following action concerning the Enterprise Zone Development Agency Board

    Appointments: A. Appointing Teresa Frye, Mortgage Loan Officer, Navy Federal Credit Union, to fill

    the vacant Vice Chair position, effective immediately; she will automatically be promoted to Chair on October 30, 2012;

    B. Appointing Scott Luth, Senior Vice President of Economic Development, Pensacola

    Bay Area Chamber of Commerce, to replace Bridgette Price and to serve a four-year term as a representative from the local Chamber, effective immediately; his term will expire October 30, 2015;

    C. Reappointing Jaunita Williams, President of Edgewater Homeowners' Association &

    Neighborhood Watch (HA&NW), to serve a four-year term as a resident living in the Enterprise Zone, effective immediately; her term will expire October 30, 2015;

    D. Reappointing Chief Deputy Larry Aiken, Escambia County Sheriff's Office, to serve a

    four-year term as a representative from the local law enforcement agency, effective immediately; his term will expire October 30, 2015; and

    E. Reappointing Susan Nelms, Executive Director, Workforce Escarosa, Inc., to serve a

    four-year term as a representative from the local workforce development agency, effective immediately; her term will expire October 30, 2015.

    5. Taking the following action concerning the License Agreement between the City of

    Pensacola and Escambia County for access authorization to a vacant lot, owned by the City of Pensacola, off Government Street; this License Agreement grants the County permission to enter the City parcel down gradient of the former County Mosquito Control facility in order to install a groundwater monitoring well:

    A. Approving the License Agreement; and B. Authorizing the Chairman to sign the License Agreement and all relating documents.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA – Continued

    1-10. Approval of Various Consent Agenda Items – Continued 6. Taking the following action concerning the License Agreement between Kenneth A.

    Jernigan and Escambia County for access authorization to 300 East Highway 4, Century, Florida, for the purpose of conducting environmental site assessment on potential and/or suspected environmental contamination:

    A. Approving the License Agreement; and B. Authorizing the Chairman to sign the License Agreement and all relating documents. 7. Taking the following action concerning the Escambia County Board of County

    Commissioners Application for Voluntary Cleanup Tax Credits (VCTC) through the Florida Department of Environmental Protection (FDEP) for the environmental remediation of hazardous contamination at the former Escambia County Mosquito Control Facility located at 603 West Romana Street:

    A. Approving the Application to FDEP for VCTC, in the amount of $143,489.86, for the

    former Mosquito Control Facility located at 603 West Romana Street; and B. Authorizing the Chairman to sign the Application and all relating documents. 8. Approving the appointment of Ms. Marilyn Badessa to the Escambia County Land

    Development Code Citizens Advisory Committee, to replace Muriel Wagner, who resigned, as requested by Paula Montgomery, Co-President of the League of Women Voters of the Pensacola Bay Area; this appointment is effective January 19, 2012, and will run until the project is complete.

    9. Approving the Request for Disposition of Property Form for the Office of Public

    Information and Communications, for property which is no longer in service, has been damaged beyond repair and/or is obsolete, and is to be auctioned as surplus or properly disposed of, all of which is described and listed on the Disposition Form noting the reason for disposal.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA – Continued

    1-10. Approval of Various Consent Agenda Items – Continued 10. Taking the following action concerning the revision of the Human Resources Policies and

    Procedures, effective October 1, 2011; changes to these policies and procedures are necessary to conform to the Board of County Commissioners' (BCC) reorganization and to adhere to the Fiscal Year 2011-2012 approved Budget:

    A. Approving the following additions to the Human Resources Policies and Procedures: (1) Section 3, Classification of Position, 3.10, Submission of Reclassification,

    Page 11; and (2) Section 27, Ethics and Standards of Conduct, 27.21, Misuse of the County Visa

    Purchasing Card, and 27.22, Correcting the Misuse of Purchase Card, Pages 88-89;

    B. Approving the following revisions to the Human Resources Policies and Procedures: (1) Section 4, Attendances and Holidays, 4.4, Holidays, Pages 12-13; (2) Section 5, Annual Leave (AL) – Classified Employees, 5.2, Restrictions on

    Accumulation of Annual Leave, Page 14; (3) Section 7, Paid Time Off Leave (PTO) Summary – Unclassified Employees,

    7.3, Restrictions on Accumulation of Paid Time Off (PTO), Page 21, and 7.18, Transfer/Promotion from Classified to Unclassified Position, Page 24;

    (4) Section 8, Management Options Benefits (MOB) – Unclassified Employees,

    8.2, General Information, Page 25;

    (Continued on Page 16)

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA – Continued 10. Continued… B. Continued… (5) Section 18, The Salary Administration Program, 18.12, Promotional/

    Reclassification Increase, Page 58; and (6) Section 20, Demotions, 20.3, Pay Rate, Probationary Period, and Anniversary

    Dates, Page 66; and C. Approving changes, such as verbiage cleanup, for clarity and conformity to current

    practices. 11. Resolution Opposing HB 7023 Motion made by Commissioner White, seconded by Commissioner Robinson, and

    carried unanimously, adopting, and authorizing the Chairman to sign, the Resolution (R2012-8) opposing (House Bill) HB 7023 and (Senate Bill) SB 1398, which will reduce local control over Workforce Investment Boards.

    Speaker(s): Jay Overman

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA

    1-17. Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Robinson, and carried unanimously, approving Consent Agenda Items 1 through 17, as follows, with the exception of Items 2 and 9, which were held for separate votes: 1. Approving the issuance of two Purchase Orders to Dell Marketing LP, the total of which

    exceeds $50,000, as provided below: Vendor/Contractor Amount Dell Marketing LP $29,502.84 Vendor Number: 040517 Fund: 115 (Article V) Cost Center: 410515 Object Code 55201/Operating Supp – $17,458.32 Object Code 54601/Machinery & Equipment – $12,044.52 Dell Marketing LP $47,501.42 Vendor Number: 040517 Fund: 115 (Article V) Cost Center: 410503 Object Code 55201/Operating Supp – $26,088.94 Object Code 54601/Machinery & Equipment – $21,412.48 2. See Page 23. 3. Adopting the Resolution (R2012-10) approving Supplemental Budget Amendment #057,

    Local Option Sales Tax III Fund (352), in the amount of $1,100,000, to recognize proceeds from a Florida Department of Transportation Joint Participation Agreement and to appropriate these funds for the design of capacity improvements on State Road (SR) 742 (Burgess Rd) at the intersection of SR 95 (US Highway 29) to the intersection of Hillburn Drive.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued

    1-17. Approval of Various Consent Agenda Items – Continued 4. Adopting the Resolution (R2012-11) approving Supplemental Budget Amendment #058,

    Transportation Trust Fund (175), in the amount of $2,817, to recognize insurance proceeds received for damage to traffic equipment at various locations throughout the County and to appropriate these funds into the Traffic Operations Cost Center.

    5. Approving, and authorizing the County Administrator to execute, the following Change

    Order; on March 4, 2011, a Task Order was issued to Sigma Consulting Group, Inc., on Contract PD 02-03.79 for "Professional Engineering, Design and Construction Observation Services for Bellview Sidewalk," to develop 100% construction plans for the construction of a 5-foot sidewalk, which will include a 6-foot clear zone, ADA compliance, and modification of the existing stormwater system; the project area includes: Bellview Avenue (south side), from Mers Lane to Dallas Avenue, Dallas Avenue (west side), from Seattle Avenue to Michigan Avenue, and Montgomery Avenue (east side), from Bellview Avenue to Michigan Avenue; Change Order #1 added Memphis Avenue, from Bellview Avenue to Michigan Avenue, and deleted Montgomery Avenue; this second Change Order adds to the Task Order: Denver Avenue (from Bellview to Michigan Avenue) and Community Drive (from Bellview Avenue to Godwin Lane) (Funding Source: Fund 352 , "Local Option Sales Tax III," Cost Center 210107, Object Code 56301, Project #10EN0641; and Fund 110, "Other Grants and Projects," Cost Center 210515, Object Code 56301):

    Department: Public Works Division: Engineering/Infrastructure Division Type: Addition Amount: $19,560 Vendor: Sigma Consulting Group, Inc. Project Name: Bellview Avenue Sidewalks Contract: PD 02-03.79, "Professional Engineering, Design and

    Construction Observation Services for Bellview Sidewalk" Purchase Order Number: 111046 Change Order Number: 2 Original Award Amount: $43,910 Cumulative Amount of Change Orders through Number 2: $25,560 New Contract Total: $69,470

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued

    1-17. Approval of Various Consent Agenda Items – Continued 6. Taking the following action concerning the surplus and sale of real property located in

    the 2300 Block of North Spring Street that has escheated to the County: A. Declaring surplus the Board’s real property, Account Number 13-2203-600,

    Reference Number 00-0S-00-9010-041-134; B. Authorizing the sale of the property to the bidder with the highest offer received at or

    above the minimum bid of $3,880, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

    C. Authorizing the Chairman to sign all documents related to the sale. 7. Taking the following action concerning the surplus and sale of real property located at

    205 East Hatton Street that has escheated to the County: A. Declaring surplus the Board’s real property, Account Number 13-4067-100,

    Reference Number 00-0S-00-9020-010-122; B. Authorizing the sale of the property to the bidder with the highest offer received at or

    above the minimum bid of $3,979, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

    C. Authorizing the Chairman to sign all documents related to the sale. 8. Taking the following action concerning the surplus and sale of landlocked, County-owned

    real property, with no address, that was obtained through Chancery Order: A. Declaring surplus the Board’s real property, Account Number 15-1958-000,

    Reference Number 00-0S-00-9070-142-003; B. Authorizing the sale of the property to the bidder with the highest offer received at or

    above the minimum bid of $95, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

    C. Authorizing the Chairman to sign all documents related to the sale.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued

    1-17. Approval of Various Consent Agenda Items – Continued 9. See Page 24.

    10. Authorizing the County Administrator to approve and execute any Purchase Order for

    Owner-Direct Purchases that exceed $50,000, for PD 10-11.079, Perdido Key Fire Station and Community Center, awarded to Rod Cooke Construction, Inc., on November 17, 2011, in the amount of $4,620,000, which includes the base bid and additive alternates 1 and 2 (Funding: Fund 352, Local Option Sales Tax III, Cost Center 110267, Object Code 56201, Project #08PF0012).

    11. Authorizing the County to piggyback off the HGAC (Houston-Galveston Area Council of

    Governments) Contract #AM04-10, in accordance with the Escambia County Code of Ordinances, Chapter 46, Article II, Section 46-44, Applications; exemptions, and Section 46-64, Board approval, and awarding a Purchase Order for three ambulances, Model H-MD-16 Horton 623 International, PD 11-12.010, to Horton Emergency Vehicles, in the amount of $623,038 (Funding: Fund 352, [Local Option Sales Tax III Fund], Cost Center 330435, Project 08PS0028).

    12. Taking the following action concerning Project #1 Quintette Road of PD 10-11.080

    (Funding: Fund 352, Local Option Sales Tax III, Cost Center 210107, Object Code 56301, Project Number 11EN1405):

    A. Awarding a Not-To-Exceed Contract to Fabre Engineering, Inc., d/b/a Fabre

    Engineering & Surveying, in the amount of $356,238.65, for Phase I Conceptual 30% Design of the new roadway, from Highway 29 to Jack's Branch Road; and

    B. Approving to allow staff to proceed with negotiations for Phases II & III of the project,

    including design services for existing portions of Quintette Road, subject to an appropriation of funding and approval by the Board of County Commissioners.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued

    1-17. Approval of Various Consent Agenda Items – Continued 13. Taking the following action concerning Project #2 Well Line Road of PD 10-11.080

    (Funding: Fund 352, Local Option Sales Tax III, Cost Center 210107, Object Code 56301, Project Number 11EN1405):

    A. Awarding a Not-To-Exceed Contract to Atkins North America, Inc., in the amount of

    $588,131, for Phase I 60% Design of the new roadway, from Brookhills Drive to Jack's Branch Road;

    B. Approving to allow staff to proceed with negotiations for Phase IB, from Highway 29

    to Brookhills Drive, subject to an appropriation of funding and approval by the Board of County Commissioners; and

    C. Approving to allow staff to proceed with negotiations for Phase II, from Highway 29

    to Jack's Branch Road, subject to an appropriation of funding and approval by the Board of County Commissioners.

    14. Ratifying the following January 19, 2012, action of the Board of County Commissioners

    of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade Grant Funding and Lien Agreements for the property located at 919 West Michigan Avenue:

    A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program

    Funding and Lien Agreements between Escambia County CRA and Litedra Burgess, owner of commercial property located at 919 West Michigan Avenue, Pensacola, Florida, in the Palafox Redevelopment District, each in the amount of $619, representing an in-kind match through the Palafox Tax Increment Financing (TIF), Fund 151, Cost Center 220517, Object Code 58301, for replacing the windows, doors, and painting the exterior building; and

    B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related

    documents necessary to implement this Grant award.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued

    1-17. Approval of Various Consent Agenda Items – Continued 15. Ratifying the following January 19, 2012, action of the Board of County Commissioners

    of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade Grant Funding and Lien Agreements for the property located at 3825 West Navy Boulevard:

    A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program

    Funding and Lien Agreements between Escambia County CRA and Ball Bushing Warehouse, LLC, owner of commercial property located at 3825 West Navy Boulevard, Pensacola, Florida, in the Warrington Redevelopment Area, each in the amount of $9,525, representing an in-kind match through the Warrington Tax Increment Financing (TIF), Fund 151, Cost Center 220516, Object Code 58301, for installing a new stucco facing, new storm windows, and a glass door in front of the building; and

    B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related

    documents necessary to implement this Grant award. 16. Ratifying the following January 19, 2012, action of the Board of County Commissioners

    of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Sign Grant Funding Agreement for the property located at 3912 Barrancas Avenue:

    A. Approving the Sign Grant Program Funding Agreement between Escambia County

    CRA and Kerr Treehouse, Inc., owner of commercial property located at 3912 Barrancas Avenue, Pensacola, Florida, in the Barrancas Redevelopment Area, in the amount of $2,000, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, and/or Neighborhood Enterprise Foundation, Inc. (NEFI), 2008 Community Development Block Grant (CDBG), Fund 129, Cost Center 220563, Object Code 58301, for the installation of a new sign; and

    B. Authorizing the Chairman to sign the Funding Agreement and any related

    documents necessary to implement this Grant award.

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued

    1-17. Approval of Various Consent Agenda Items – Continued 17. Taking the following action concerning approval of the Lease Agreement (Customer

    Order) between Culligan Water Service of Fort Walton Beach and Escambia County, and Addendum to Customer Order for a Commercial Softener; a commercial water softener is required to pretreat the water for the Main Jail’s steam boilers, which produce and distribute steam to the kitchen, laundry, and the building’s heating operations; Facilities Management has determined that a lease agreement is the most cost-effective approach to this issue, rather than outright purchasing and owning this type of system; the Lease will include a monthly maintenance and repair service to ensure that system efficiency is maintained throughout the 48-month lease period (Funding: Fund 001, Facilities Management/Maintenance, Cost Center 210602, Object Code 54401):

    A. Approving the Lease Agreement (Customer Order) and the Addendum to Customer

    Order, for a lease period of 48 months; B. Authorizing the Chairman to sign the Agreement (Customer Order) and Addendum;

    and C. Authorizing the execution of the necessary Purchase Order(s). 2. Supplemental Budget Amendment Motion made by Commissioner Robinson, seconded by Commissioner Young, and

    carried unanimously, adopting the Resolution (R2012-9) approving Supplemental Budget Amendment #055, Other Grants and Projects Fund (110), in the amount of $216,729, to recognize Grant funds from the Florida Department of Law Enforcement and to appropriate these funds for Escambia County Drug Court, as well as education and security systems/equipment at Pensacola State College.

    For Information: The Board heard Commissioner Robinson disclose that he is a member

    of the Pensacola State College Foundation Board; however, he is not precluded from voting on this issue.

    1/19/2012 Page 23 of 32 dch

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued 9. Special Assessments District – Northwest Sector Plan Motion made by Commissioner White, seconded by Commissioner Robinson, and

    carried unanimously, taking the following action concerning allocating funding and establishing Special Assessment Districts for the Northwest Sector Plan:

    A. Approving to allocate $4,000,000 to the Kingsfield Road extension and $2,000,000

    to the Well Line Road extension and require the developers (Classic Home Builders, Inc., Longview Plantation I, LLC, and DDJ Land Company, LLC) to agree to convey all of the right-of-way they own, and that the County Engineer deems necessary for construction, at no cost;

    B. Approving to require the Developer(s) to petition the County through the normal and

    customary process to create a Special Assessment District for Kingsfield (Road) and a Special Assessment (District) for Well Line Road; any County funds allocated in Item “A” above shall be used first for expenses not expressly eligible from any special assessment; any funds remaining shall be used to reduce the cost of each roadway;

    C. Approving that the County shall provide cost estimates, including cost of issuance,

    carrying costs, construction, design, and right-of-way, by April 1, 2012; D. Approving to require that the Developer(s) shall follow standard County policy

    regarding the formation of a special assessment district (i.e. signed petitions from two-thirds of the property owners representing two-thirds of the specially benefited properties in the affected areas to sign petitions authorizing the creation of district); the petition for each roadway must be filed with the County’s Office of Management and Budget by June 1, 2012; failure to file the petition(s) on or before that date shall result in the LOST (Local Option Sales Tax Funds) being automatically re-appropriated for one or both roads to County Bridge repair;

    (Continued on Page 25)

    1/19/2012 Page 24 of 32 dch

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued II. BUDGET/FINANCE CONSENT AGENDA – Continued 9. Continued… E. Approving that, upon filing of the appropriate petitions for each roadway, the County

    shall notice a separate Public Hearing to consider the creation of a special assessment district during the month of April; and

    F. Approving that, if the Board of County Commissioners, for whatever reason, does

    not create the necessary district for any reason for one or both projects, the associated funds from Local Option Sales Tax (LOST) funds shall be used by the County for bridge replacement.

    For Information: The Board heard Commissioner Robertson disclose that he owns a parcel of property within the Sector Plan area; however, he is not precluded from voting on this issue.

    III. FOR DISCUSSION 1. Miscellaneous Appropriations Agreement Motion made by Commissioner White, seconded by Commissioner Robinson, and

    carried unanimously, taking the following action concerning the Miscellaneous Appropriations Agreement between Escambia County and the Pensacola Sports Association, Inc.:

    A. Approving the Miscellaneous Appropriations Agreement between Escambia County

    and the Pensacola Sports Association, Inc., in the amount of $100,000, to be paid from the Tourist Promotion Fund 108, Cost Center 360101, Account 58201;

    B. Authorizing the Chairman to sign the Agreement and all other necessary documents;

    and C. Approving the necessary Purchase Order.

    1/19/2012 Page 25 of 32 dch

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued III. FOR DISCUSSION – Continued 2. TDC Funding Allocation Motion made by Commissioner Robinson, seconded by Commissioner Young, and

    carried 3-2, with Commissioner Valentino and Commissioner Robertson voting "no," taking the following action concerning allocation of funds recommended by the Tourist Development Council:

    A. Authorizing the allocation of the following funds recommended by the Tourist

    Development Council on November 8, 2011, to be paid from the 3rd Cent Tourist Development Tax (Fund 108), Cost Center 360101, Account 58201:

    (1) Pensacola Bay Area Chamber of Commerce, Inc. – $288,143; and (2) Pensacola Sports Association, Inc. – $39,240; B. Approving the Miscellaneous Appropriation Agreements, subject to Legal sign-off;

    and C. Approving the necessary Purchase Orders. Speaker(s): Alison Davenport William “Cadillac” Banks Elrico Tunstall

    For Information: The Board was advised by County Administrator Oliver that the Miscellaneous Appropriations Agreement for the Pensacola Bay Area Chamber of Commerce will be amended to reflect that the amount provided includes $36,000, which the Tourist Development Council recommended be used on a competitive basis to support entertainment events only, for marketing and advertising to generate room stays, subject to Board approval.

    1/19/2012 Page 26 of 32 dch

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ADMINISTRATOR'S REPORT – Continued III. FOR DISCUSSION – Continued 3. ECAT Management Agreement

    Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, awarding Contract PD 10-11.060 (including the Errata Sheet) to First Transit, Inc., for Escambia County Area Transit (ECAT) Management Services, for a term of 60 months, in the amount of $2,012,784, at an average annual compensation of $402,557, with an option to extend for two years, effective April 1, 2012 (Funding: Fund 104, Mass Transit, Cost Centers 320401, 320402, and 320403).

    Speaker(s): Jim Hunt Kathy Quin COUNTY ATTORNEY’S REPORT – Alison Rogers, County Attorney Motion made by Commissioner White, seconded by Commissioner Valentino, and carried unanimously, approving the County Attorney’s Report, For Action Items 2 through 7, as amended to drop Item 7 (Item 1 was held for a separate vote) and For Information Item 1, as follows: I. FOR ACTION 2-7. Approval of Various For Action Items 1. See Page 30. 2. Approving, and authorizing the Chairman or Vice Chairman to execute, the First

    Amendment to Ground Lease with the School Board of Escambia County, Florida (for a portion of the Warrington Elementary School property for the development of a Sheriff's substation facility).

    1/19/2012 Page 27 of 32 dch

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ATTORNEY’S REPORT – Continued I. FOR ACTION – Continued 2-7. Approval of Various For Action Items – Continued 3. Authorizing a settlement in the Case of Robert Mark Herrmann v. Escambia County, FL

    (Case No. 2008 CA 003078), in which the County will pay to Mr. Herrmann the sum of $40,000, in exchange for a General Release and Hold Harmless Agreement in favor of Escambia County and dismissal with prejudice of the pending lawsuit.

    4. Approving a washout Workers' Compensation settlement to former employee Felix

    Silcox, in the amount of $160,935, inclusive of attorney’s fees and costs; an excess insurance carrier will reimburse the County for 100.0% of the settlement amount.

    5. Adopting a Resolution (R2012-12) authorizing the conveyance of real property located

    on the 1st Block of East Jordan Street (Account Number: 13-2091-000; Reference Number: 00-0S-00-9010-018-118) to the City of Pensacola, for the recited consideration of $1.00, pursuant to Section 125.38, Florida Statutes.

    6. Taking the following action pursuant to Board direction at the January 12, 2012,

    Committee of the Whole Workshop, concerning a Petition for Relief from Enforcement Action Pursuant to Florida Statute Chapter 70.51, filed by Thomas M. Bizzell, as Trustee of the Holiday Holding Trust No. 2:

    A. Waiving any argument regarding failure to exhaust administrative remedies; B. Approving to retain mediator William E. Bond pursuant to the Special Master

    Agreement to provide mediation services; the cost to provide these services will be borne equally by the parties; and

    C. Acknowledging that the Notice of Code Enforcement violation is stayed, except that

    all prohibited materials piled on site must be either removed or covered and contained immediately.

    7. Dropping the recommendation that the Board authorize the scheduling of a Public

    Hearing on February 2, 2012, at 5:32 p.m., for consideration of adopting an Ordinance creating a Franchise Agreement for the City of Gulf Breeze to provide natural gas services to Pensacola Beach residents.

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    PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ATTORNEY’S REPORT – Continued II. FOR INFORMATION 1. Accepting the following information concerning the collection of bad debts owed to the

    Pensacola Civic Center for costs associated with the utilization of the facility: "By Board action on December 8, 2011, the BCC adopted Resolution R2011-183

    authorizing the Clerk of the Circuit Court to write off as bad debt certain accounts receivable totaling $32,142.40 owed to the Pensacola Civic Center for costs associated with the utilization of the facility. At that time, the Board requested that the County Attorney’s Office explore possible legal remedies to collect the debts.

    The debt involves four vendors, all of whom leased the facility pursuant to a License

    Agreement entered into with the managing entity, SMG. Under the terms of the License Agreement, failure to pay for the use of the facility constituted a default thereby giving rise to an action for breach of contract to SMG. The County was not a party to the License Agreements and lacks contractual privity with the vendors. Consequently, the County’s potential legal remedies to recover debts owed for use of the facility are significantly limited unless the County pursues recovery against SMG under the terms of the Management Services Agreement.

    Discussion with the Office of Management and Budget indicated SMG exercised due

    diligence in attempting to recover the debts owed to the Civic Center. Further, uncollectable accounts of this sort have not occurred with any frequency during SMG’s tenure at the Civic Center as it relates to rental fees for use of the facility.

    In light of the circumstances, rather than pursue any action to recover past debts, the

    County Administrator has requested that the County Attorney’s Office address this issue with SMG prospectively in an effort to minimize the County’s liability for any future losses. As part of the current contract negotiations with SMG, the new Management Services Agreement shall include specific language relating to SMG’s liability for the collection of accounts receivable. In addition, under the terms of the new agreement, the annual incentive fee will be based solely on financial performance. Thus, SMG will have a direct incentive to collect all revenues and minimize any loss in order to earn the annual incentive fee."

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued COUNTY ATTORNEY’S REPORT – Continued I. FOR ACTION – Continued 1. Orderly Conduct of Meetings Policy

    Motion made by Commissioner Robinson, seconded by Commissioner White, and carried 4-1, with Commissioner Valentino voting "no," approving an amendment to the Orderly Conduct of Meetings Policy, which established rules to ensure the orderly conduct of meetings, as amended to add under C.1, “c. At the Chairman’s discretion, if there is a controversial item in which Escambia County citizens are involved, he may institute a provision against clapping, if he feels that clapping or the noise will deter open speech between the two parties.”

    Speaker(s): Jim Hunt ITEMS ADDED TO THE AGENDA – COMMISSIONER KEVIN W. WHITE 1. Amtrak Service Motion made by Commissioner White, seconded by Commissioner Valentino, and

    carried unanimously, taking the following action concerning Amtrak service: A. Adopting a Resolution (R2012-13) expressing support for efforts to restore Amtrak

    service on the Sunset Limited Route between New Orleans, Louisiana, and Florida; and

    B. Authorizing the Chairman to sign the Resolution. 2. USDA Farm Service Agency Motion made by Commissioner White, seconded by Commissioner Robinson, and

    carried unanimously, taking the following action concerning the USDA Farm Service Agency:

    A. Adopting a Resolution (R2012-14) opposing the closure of the USDA Farm Service

    Agency Office in Escambia County; and B. Authorizing the Chairman to sign the Resolution.

    1/19/2012 Page 30 of 32 dch

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued ITEMS ADDED TO THE AGENDA – COMMISSIONER GROVER C. ROBINSON IV 1. Proclamations Motion made by Commissioner Robinson, seconded by Commissioner Valentino, and

    carried unanimously, adopting the following five Proclamations: A. The Proclamation supporting Pray for Pensacola’s fifth annual “40 Days of Prayer

    and Fasting” for Pensacola, Century, and Escambia County; B. The Proclamation congratulating the General Daniel “Chappie” James Aviation

    Career Education (ACE) Academy for being recognized by the Gulf Power Company with a Power of Service Award;

    C. The Proclamation congratulating Chain Reaction for being recognized by the Gulf

    Power Company with a Power of Service Award; D. The Proclamation congratulating Students Taking Responsibility In Developing

    Excellence (STRIDE) for being recognized by the Gulf Power Company with a Power of Service Award; and

    E. The Proclamation congratulating Truth for Youth for being recognized by the Gulf

    Power Company with a Power of Service Award. Speaker(s): Joe Miller Kristin Fairchild Brian Bell

    1/19/2012 Page 31 of 32 dch

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  • PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued ITEMS ADDED TO THE AGENDA – COMMISSIONER GENE M. VALENTINO 1. Renaming County Facility Motion made by Commissioner Valentino, seconded by Commissioner White, and

    carried 4-0, with Commissioner Young abstaining (and filing Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers), taking the following action regarding renaming of a County facility:

    A. Adopting a Resolution (R2012-15) renaming the Wedgewood Community Center

    and Park as the “Marie K. Young Community Center and Park”; B. Approving the waiver of the Naming County Facilities Policy, Section 1, D9 B., to the

    extent that a plaque or other marker may be requisitioned but may not be erected by County staff until such time as Commissioner Young is no longer in office; and

    C. Authorizing the Chairman to sign the Resolution. ANNOUNCEMENTS 1. FOR INFORMATION: The Board was advised by Chairman Robertson that the

    Honorable Ernie Lee Magaha, Clerk of the Circuit Court and Comptroller, had attended today’s Public Forum Work Session.

    ADJOURNMENT There being no further business to come before the Board, Chairman Robertson declared the Regular Meeting of the Board of County Commissioners adjourned at 6:53 p.m. BOARD OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLORIDA ATTEST: By:______________________________ Ernie Lee Magaha Wilson B. Robertson, Chairman Clerk of the Circuit Court & Comptroller _______________________________ Deputy Clerk Approved: February 2, 2012

    1/19/2012 Page 32 of 32 dch

    get_image.asp?ubook=2012000114get_image.asp?ubook=2012000060lfcarewSticky NoteThe fully executed Minutes can be viewed by clicking the icon in the left margin.

    PUBLIC FORUM WORK SESSIONREGULAR BCC AGENDAAdoption of the AgendaCommissioners’ ForumWritten Communication – Anthony SessaProof of Publication5:31 p.m. Public Hearing - R2012-7, SBA #056C/W Recommendation

    CLERK OF COURTS & COMPTROLLER’S REPORTI-1. Finance ReportsI-2. Records Disposition Document No. 471I-3. Amendment to the Minutes of the Regular Board Meeting held 9/1/2011 Commissioner White's add-on Item 1I-4. Minutes and Reports

    GROWTH MANAGEMENT REPORT5:45 p.m. Public Hearing - Ordinance Number 2012-3 CPA 2011-02

    COUNTY ADMINISTRATOR'S REPORTI. TECHNICAL/PUBLIC SERVICE CONSENT AGENDAI-1. Disposition of Property - Information Technology DepartmentI-2. Acceptance of the November 17, 2011, CRA Meeting MinutesI-3. Acceptance of EZDA 2011 Annual ReportI-4. Enterprise Zone Development Agency Board AppointmentsI-5. License Agreement with the City of Pensacola for access authorization to a vacant lot, owned by the City of Pensacola, off Government StreetI-6. License Agreement with Kenneth A. Jernigan for access authorization to 300 East Highway 4, Century, FloridaI-7. Application for VCTC FDEP for the environmental remediation of hazardous contamination at the former Escambia County Mosquito Control FacilityI-8. Appointment to the Escambia County Land Development Code Citizens Advisory CommitteeI-9. Disposition of Property - Office of Public Information and CommunicationsI-10. Revision of the Human Resources Policies and ProceduresI-11. Resolution R2012-8, Opposing HB 7023

    II. BUDGET/FINANCE CONSENT AGENDAII-1. Issuance of two Purchase Orders to Dell Marketing LPII-2. R2012-9, SBA #055II-3. R2012-10, SBA #057II-4. R2012-11, SBA #058II-5. Change Order for Sigma Consulting Group, Inc. on PD 02-03.79II-6. Surplus and sale of real property located in the 2300 Block of North Spring StreetII-7. Surplus and sale of real property located at 205 East Hatton StreetII-8. Surplus and sale of landlocked, County-owned real property, with no address, that was obtained through Chancery OrderII-9. Special Assessments District – Northwest Sector PlanII-10. Purchase Order for Owner-Direct Purchases for PD 10-11.079II-11. Purchase Order for PD 11-12.010II-12. Project #1 Quintette Road of PD 10-11.080II-13. Project #2 Well Line Road of PD 10-11.080II-14. CRA Commercial Facade Grant Funding/Lien Agreements - 919 West Michigan AvenueII-15. CRA Commercial Facade Grant Funding/Lien Agreements - 3825 West Navy BoulevardII-16. CRA Sign Grant Funding Agreement - 3912 Barrancas AvenueII-17. Lease Agreement (Customer Order) between Culligan Water Service of Fort Walton Beach and Escambia County

    III. FOR DISCUSSIONIII-1. Miscellaneous Appropriations Agreement - Pensacola Sports Association, Inc.III-2. TDC Funding AllocationIII-3. ECAT Management Agreement PD 10-11.060

    COUNTY ATTORNEY’S REPORTI. FOR ACTIONI-1. Orderly Conduct of Meetings PolicyI-2. First Amendment to Ground Lease with the School Board of Escambia CountyI-3. Settlement in the Case of Robert Mark Herrmann v. Escambia County, FLI-4. Washout Workers' Compensation settlement to former employee Felix SilcoxI-5. R2012-12, authorizing conveyance of real property located on the 1st Block of East Jordan Street to the City of PensacolaI-6. Action concerning a Petition for Relief from Enforcement Action Pursuant to Florida Statute Chapter 70.51, filed by Thomas M. BizzellI-7. Scheudling of a Public Hearing - Recommendation Dropped

    II. FOR INFORMATIONII-1. Information concerning the collection of bad debts owed to the Pensacola Civic Center for costs associated with the utilization of the facility

    ITEMS ADDED TO THE AGENDA – COMMISSIONER KEVIN W. WHITE1. Resolution R2012-13, support for efforts to restore Amtrak Service on the Sunset Limited Route between New Orleans and Florida2. Resolution R2012-14, opposing closure of the USDA Farm Service Agency Office in Escambia County

    ITEMS ADDED TO THE AGENDA – COMMISSIONER GROVER C. ROBINSON IV1. Proclamations

    ITEMS ADDED TO THE AGENDA – COMMISSIONER GENE M. VALENTINO1. Renaming of Wedgewood Community Center and Park

    ANNOUNCEMENTSADJOURNMENT

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