Chairman Whitehead called the Public Forum Work Session to order at 4:35 p.m.

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1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD AUGUST 3, 2006 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (4:35 p.m. 7:27 p.m.) Present: Commissioner D. M. Mike Whitehead, Chairman, District 1 Commissioner J. W. Bill Dickson, Vice Chairman, District 2 Commissioner Thomas G. Tom Banjanin, District 4 Commissioner Kevin W. White, District 5 Commissioner Marie K. Young, District 3 Mr. George Touart, County Administrator Mrs. Janet Lander, County Attorney Mrs. Patricia L. Sheldon, Clerk s Administrator of Financial Services Mrs. Shirley L. Gafford, Executive Assistant, County Administrator s Office Mrs. Doris Harris, Deputy Clerk to the Board PUBLIC FORUM WORK SESSION Chairman Whitehead called the Public Forum Work Session to order at 4:35 p.m. 1. FOR INFORMATION: The Board heard the request from Jessie Baldwin that the County address the inadequate drainage in the vicinity of Bellview Ball Park and Longleaf Elementary School, and was advised by Richard Duane, P.E., County Engineer, that construction of the drainage improvements should begin within 60 to 90 days. 2. FOR INFORMATION: The Board heard comments from L. Gary Sansing regarding various events that have occurred in the County. 4:45 P.M. PUBLIC FORUM ADJOURNED 5:30 P.M. REGULAR BOARD MEETING CONVENED REGULAR BCC AGENDA 1. Call to Order Chairman Whitehead called the Regular Meeting of the Board of County Commissioners to order at 5:30 p.m. 2. Invocation Chairman Whitehead advised that Reverend Dale Patterson, East Brent Baptist Church, would deliver the Invocation. 8/3/2006 Page 1 of 44 klc

2 REGULAR BCC AGENDA Continued 3. Pledge of Allegiance to the Flag Chairman Whitehead advised that Commissioner White would lead the Pledge of Allegiance to the Flag. 4. Adoption of the Agenda Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting the agenda as prepared and duly amended to include Commissioner Banjanin's add-on item concerning a Board of Adjustment appointee and Commissioner Dickson's add-on item concerning the Bill Dickson Park boat ramp (Commissioner Whitehead's add-on item [originally distributed as "Backup 14(B) Budget Workshop 8/3/06 BCC"] concerning a Resolution regarding the insurance crisis in Florida was verbally added during discussion concerning Agenda Item 14). 5. Proclamations None. 6. Written Communication A. Rural Area Projects The Board heard comments from Nick Nickoloff, AICP, Senior Transportation Planner, West Florida Regional Planning Council, who provided a document entitled Rural Work Program Liaison A Partnership, relative to the communication dated July 12, 2006, concerning rural area projects in the Florida Department of Transportation Five Year Work Program for Fiscal Year , and the Board took no action. B. Code Enforcement Lien The Board heard comments from David G. White, Esquire, relative to the communication dated July 21, 2006, requesting that the County forgive a Code Enforcement Lien that has been placed on the property located at 109 Syrcle Drive Southeast, owned by BJP Enterprises, LLC, and the Board took no action. (Continued on Page 3) 8/3/2006 Page 2 of 44 klc

3 REGULAR BCC AGENDA Continued C. Marvin Kaiman LDC Revision The Board was advised by Peter Aluotto, Director, Planning and Zoning, that he will contact Marvin Kaiman, Chairman, Board of Adjustment (BOA), Planning and Zoning, and explain what staff is doing to address his concerns, regarding Mr. Kaiman s request that the Board consider revising Section E of the Escambia County Land Development Code (LDC), which allows the BOA to grant variances to the prohibition on the sale of alcoholic beverages within 1,000 feet of places of worship. 7. Proofs of Publication Motion made by Commissioner Dickson, seconded by Commissioner White, 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 ten Public Hearings on the agenda: (1) The 5:34 p.m. Public Hearing, advertised in the Pensacola News Journal on July 22, 2006, for consideration of adopting an Ordinance creating the Bristol Creek, Phase III, Area Street Lighting MSBU; (2) The 5:35 p.m. Public Hearing, advertised in the Pensacola News Journal on July 22, 2006, for consideration of adopting an Ordinance creating the Ironhorse Area Street Lighting MSBU; (3) The 5:36 p.m. Public Hearing, advertised in the Pensacola News Journal on July 22, 2006, for consideration of adopting an Ordinance creating the Herrington Place Area Street Lighting MSBU; (4) The 5:37 p.m. Public Hearing, advertised in the Pensacola News Journal on July 18, 2006, for consideration of adopting a Resolution authorizing the issuance and sale of Bonds; (5) The 5:38 p.m. Public Hearing, advertised in the Pensacola News Journal on July 22, 2006, for consideration of Bristol Creek, Phase II, Area Street Lighting MSBU; (Continued on Page 4) 8/3/2006 Page 3 of 44 klc

4 REGULAR BCC AGENDA Continued 7. Continued A. Continued (6) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on July 23, 2006, for consideration adopt an Ordinance to amend the Official Zoning Map; (7) The 5:46 p.m. Public Hearing, advertised in the Pensacola News Journal on July 23, 2006, for consideration review and adopt an Ordinance amending Part III, Article 2, of the Land Development Code; (8) The 5:47 p.m. first Public Hearing, advertised in the Pensacola News Journal on July 23, 2006, for consideration of adopting an Ordinance amending Article 3 and Article 6 of the Escambia County Land Development Code; (9) The 5:48 p.m. Public Hearing, advertised in the Pensacola News Journal on July 23, 2006, for consideration of adopting an Ordinance amending Part III, Article 7, of the Escambia County Land Development Code; and (10) The 5:49 p.m. Public hearing, advertised in the Pensacola News Journal on July 23, 2006, for consideration of adopting an Ordinance amending Part III, Article 3 and Article 6, of the Escambia County Land Development Code; and B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule July 31-August 4, 2006 Legal No , as published in the Pensacola News Journal on July 30, 2006, as follows: July 31 10:00 a.m. Osceola Fire Station Groundbreaking August 1 1:30 p.m. Environmental Enforcement Special Master August 2 9:00 a.m. Enterprise Resource Planning (ERP) Governance Council August 2 9:00 a.m. IMAGiNE Technical Committee August 2 9:00 a.m. Escambia County Contractor Competency Board August 2 1:00 p.m. Development Review Committee August 2 3:30 p.m. Citizens Environmental Committee August 2 5:00 p.m. Santa Rosa Island Authority August 3 9:00 a.m. Agenda Work Session August 3 3:45 p.m. Board of County Commissioners Attorney-Client Session August 3 4:30 p.m. Board of County Commissioners Public Forum August 3 5:30 p.m. Board of County Commissioners Public Hearings & Reports NEXT WEEK S NOTE: August 7 8:30 a.m. Joint Land Use Survey Implementation Oversight Committee August 7 5:30 p.m. Marine Advisory Committee 8/3/2006 Page 4 of 44 klc

5 REGULAR BCC AGENDA Continued 8. 5:31 p.m. Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, ratifying the scheduling of a Hearing for August 3, 2006, at 5:31 p.m., for an appeal of the Escambia County Contractor Competency Board s decision to impose a $13,550 fine and a five-year revocation of Mark Clyde Higdon s Specialty Structure Contractor s License, and approving to uphold the Competency Board's decision to impose a $13,550 fine and a five-year revocation of Mark Clyde Higdon's Specialty Structure Contractor's License. Speaker(s): William "Rod" Mitchell David Schwartz 9. 5:34 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the Bristol Creek, Phase III, Area Street Lighting Municipal Services Benefit Unit (MSBU), and all related documents, and making the following findings of fact: A. Lots in the District are specially benefited since street lighting not only increases the market value of an individual lot in the District, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark; B. The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District; C. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and D. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting. Speaker(s) None. 8/3/2006 Page 5 of 44 klc

6 REGULAR BCC AGENDA Continued 10. 5:35 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the Ironhorse Area Street Lighting Municipal Services Benefit Unit (MSBU), and all related documents, and making the following findings of fact: A. Lots in the District are specially benefited since street lighting not only increases the market value of an individual lot in the District, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark; B. The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District; C. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and D. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting. Speaker(s) None. 8/3/2006 Page 6 of 44 klc

7 REGULAR BCC AGENDA Continued 11. 5:36 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner Young, and carried unanimously, adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the Herrington Place Area Street Lighting Municipal Services Benefit Unit (MSBU), and all related documents, and making the following findings of fact: A. Lots in the District are specially benefited since street lighting not only increases the market value of an individual lot in the District, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark; B. The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District; C. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and D. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting. Speaker(s) None. 8/3/2006 Page 7 of 44 klc

8 REGULAR BCC AGENDA Continued 12. 5:37 p.m. (Tax Equity and Fiscal Responsibility Act) Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner Young, and carried unanimously, taking the following action regarding the proposed issuance of not exceeding $16,000,000 Escambia County, Florida, Pollution Control Revenue Refunding Bonds (International Paper Company Project), 2006 Series A (the Series A Refunding Bonds ), $7,000,000 Escambia County, Florida, Pollution Control Revenue Refunding Bonds (International Paper Company Project), 2006 Series B (the Series B Refunding Bonds ), (the Series A Refunding Bonds and the Series B Refunding Bonds being herein collectively referred to as the Refunding Bonds ), and $5,000,000 Escambia County, Florida, Environmental Improvement Revenue Bonds (International Paper Company Project), (the Revenue Bonds ), (the Refunding Bonds and the Revenue Bonds being herein collectively referred to as the Bonds ): A. Ratifying the scheduling and publication of the Notice of Public Hearing; B. Conducting a Public Hearing; and C. Adopting and executing the Resolution authorizing the issuance and sale of the Refunding Bonds upon the terms established therein, and declaring the County s intent to issue the Revenue Bonds upon such terms as shall be approved by subsequent Resolution. Speaker(s): Patricia D. Lott John Livingston Jacqueline Lane Kyle Moore Jim Davis Nelson Rodriguez For Information: The Board received the following two letters, which were read by Doris Harris, Deputy Clerk to the Board, regarding the proposed issuance of Pollution Control Revenue Refunding Bonds (International Paper Company Project): A. The August 1, 2006, letter from Kenneth W. Ness and Janet W. Ness to Commissioner White; and B. The August 3, 2006, letter from Claude H. Mullen, Jr., and Marcelle Mullen, to the Clerk of the Circuit Court, Clerk to the Board of County Commissioners. 8/3/2006 Page 8 of 44 klc

9 REGULAR BCC AGENDA Continued 13. 5:38 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action regarding the Bristol Creek, Phase II, Area Street Lighting Municipal Services Benefit Unit (MSBU). A. Ratifying the scheduling of a Public Hearing for the establishment of a street lighting MSBU on August 3, 2006, at 5:38 p.m., to consider the adoption of an Ordinance creating the Bristol Creek, Phase II, Area Street Lighting MSBU; and B. Adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the Bristol Creek, Phase II, Area Street Lighting MSBU, and all related documents, and making the following findings of fact: (1) Lots in the District are specially benefited since street lighting not only increases the market value of an individual lot in the District, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark; (2) The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District; (3) The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and (4) Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting. Speaker(s) None. 8/3/2006 Page 9 of 44 klc

10 REGULAR BCC AGENDA Continued 14. Budget Workshop Session Recommendation(s) Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, taking the following action relative to discussions at the Budget Workshop Session concerning the Fiscal Year Budget held on July 26 and 27, 2006: A. Approving amendments to the Proposed Allocations for ten Outside Agencies, as follows, with the exception of Item A.(4), which was held for a separate vote, as amended to correct the allocation for Disabled American Veterans, Item A.(9), from $36,000 to $33,600: (1) Community Action Program, from $0 to $25,000 (2) Junior Achievement of NWFL, from $15,000 to $20,000 (3) Winterfest of Pensacola, from $15,000 to $20,000 (4) See below (5) Pensacola Museum of Art, from $10,000 to $15,000 (6) Clean & Green, from $47,000 to $52,000 (7) Wildlife Sanctuary, from $59,160 to $65,160 (8) St. Michael s Cemetery, from $15,000 to $25,000 (9) Disabled American Veterans, $30,000 to $33,600 (10) Pensacola s Promise, from $30,000 to $40,000 B. Directing staff to draft a Resolution to the Florida Association of Counties to proceed, on behalf of the County, with a request that the Governor call a Special Session concerning the ongoing insurance increases in the State of Florida; and C. Approving an increase, not to exceed $800,000, to the Proposed Budget for the Office of Environmental Code Enforcement, for the purpose of outfitting Code Enforcement Officers with computer hardware and software for use in the field, and for the purpose of an Educational Program for the citizens targeting the effort to clean up Escambia County. Motion made by Commissioner White, seconded by Commissioner Dickson, and carried 4-0, with Commissioner Whitehead abstaining (and filing Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers), approving Item A.(4), as follows: A. (4) Approving an amendment to the Proposed Allocation for Escambia County School Readiness Coalition, from $284,689, to $300,000. 8/3/2006 Page 10 of 44 klc

11 CLERK OF COURTS & COMPTROLLER S REPORT Honorable Ernie Lee Magaha, Clerk of the Circuit Court & Comptroller I. CONSENT AGENDA 1-5. Approval of Various Consent Agenda Items Motion made by Commissioner Dickson, seconded by Commissioner Young, and carried unanimously, approving various Consent Agenda Items 1 through 5, as follows: 1. Accepting, for filing with the Board's Minutes, the following four Reports prepared by the Clerk's Finance Department: A. The following two Payroll Expenditures: (1) As of Payday July 14, 2006, in the amount of $1,460,710.57; and (2) As of Payday July 28, 2006, in the amount of $1,908,103.10; and B. The following two Disbursement of Funds: (1) July 13, 2006, to July 19, 2006, in the amount of $10,819,967.77; and (2) July 20, 2006, to July 26, 2006, in the amount of $2,030, Adopting the Resolution authorizing the write off of $1,907, in receivables that have been recorded in the EMS (Emergency Medical Services) Fund of the County and have been determined to be uncollectible bad debts. 8/3/2006 Page 11 of 44 klc

12 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 3. Accepting, for filing with the Board s Minutes, Budget Analyses for the third quarter of Fiscal Year , as follows: A. Third quarter Expenditure Budget Analysis (Budget to Actual) as of June 30, 2006; B. Third quarter Revenue Budget Analysis (Budget to Actual) as of June 30, 2006; and C. Third quarter Profit and Loss Statements from the following Proprietary Funds: (1) Solid Waste Fund (2) Inspection Fund (3) Emergency Medical Service (4) Civic Center Fund (5) Economic Development and Industrial Fund (6) Internal Service Fund Health, Life, Worker s Comp. 4. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk s Office: A. Hurricane Housing Recovery Program Agreement with Charles Horne Construction, Inc., approved by the Board of County Commissioners on December 8, 2005, and received in the Clerk s Office on July 18, 2006; B. The balance sheet and list of errors and insolvencies for the 2005 Tax Roll, as provided by the Honorable Janet Holley, CFC, Tax Collector, on July 14, 2006, and received in the Clerk s Office on July 18, 2006; C. The recorded documents relative to the vacation of portions of the recorded Plat of Perdido Estates, approved by the Board of County Commissioners on October 6, 2005, and received in the Clerk's Office on July 18, 2006; (Continued on Page 13) 8/3/2006 Page 12 of 44 klc

13 CLERK OF COURTS & COMPTROLLER S REPORT - Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 4. Continued D. The original Agreement for Sale and Purchase and Settlement Statement concerning the surplus sale of real property located at 800 North B Street, approved by the Board of County Commissioners on February 16, 2006, and received in the Clerk s Office on July 25, 2006, and E. Copies of the Minutes of the Santa Rosa Island Authority Development and Leasing Committee, Architectural Environmental Committee, Administrative Committee Meeting, and Budget Workshop held May 3, 2006, and June 7, 2006, Operations Committee held on May 3, 2006, the Budget Workshop held May 10, 2006, Regular Board Meeting held on June 14, 2006, and the Special Board Meeting held on July 5, 2006, and received in the Clerk s Finance Department on July 18, Taking the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office: A. Approving the Minutes of the Attorney-Client Session held July 20, 2006; B. Approving the Minutes of the Public Forum Work Session and Regular Board Meeting held July 20, 2006; C. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work Session held July 20, 2006; D. Accepting, for filing with the Board s Minutes, the Report of the Quarterly Meeting of the County Investment Advisory Committee (CIAC) held July 14, /3/2006 Page 13 of 44 klc

14 GROWTH MANAGEMENT REPORT Peter Aluotto, Director, Planning and Zoning I. PUBLIC HEARINGS 1. Motion made by Commissioner Young, seconded by Commissioner White, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on June 26, 2006: A. Adopting the RHE s recommendation and approving ID-1; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (1) Case Number: Z Location: 3537 North W Street Property Reference Number: 09-2S Property Size: 0.44 (+/-) acre From: R-6, Neighborhood Commercial and Residential District (cumulative), (25 dwelling units per acre), High Density To: ID-1, Light Industrial District (cumulative), (no residential uses allowed) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: William Cockrell, Agent for Sheet Metal Masters, LLC, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 15) 8/3/2006 Page 14 of 44 klc

15 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued Motion made by Commissioner Young, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on June 26, 2006: A. Adopting the RHE s recommendation and denying R-5; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (2) Case Number: Z Location: 1101 North Wentworth Street Property Reference Number: 33-2S Property Size:.17 (+/-) acre From: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) To: R-5, Urban Residential/Limited Office District (cumulative), High Density (20 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Jodie L. Manale, Chief, Community Redevelopment Agency, Agent for John H. Stroud, Jr., Owner RHE Recommendation: Denial Staff Recommendation: Approval Speaker(s): Jodie L. Manale (Continued on Page 16) 8/3/2006 Page 15 of 44 klc

16 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on June 26, 2006: A. Adopting the RHE s recommendation and approving V-2; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (3) Case Number: Z Location: 3100 Block of Highway 97 South Property Reference Number: 36-1N Property Size: 4.05 (+/-) acres From: VR-2, Villages Rural Residential District, Gross Density (1 dwelling unit per 0.75 acre) To: V-2, Villages Single-Family Residential District, Gross Density (2 dwelling units per acre) FLU Category: MU-6, Mixed Use 6, Area 4 Commissioner District: 5 Requested by: Joseph and Brenda Hagendorfer, Owners RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 17) 8/3/2006 Page 16 of 44 klc

17 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued Motion made by Commissioner Young, seconded by Commissioner White, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on June 26, 2006: A. Adopting the RHE s recommendation and approving R-5; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (4) Case Number: Z Location: 1406 West Yonge Street Property Reference Number: 17-2S Property Size:.34 (+/-) acre From: R-4, Multiple-Family District (cumulative), Medium-High Density (18 dwelling units per acre) To: R-5, Urban Residential/Limited Office District (cumulative), High Density (20 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Katrina Harper, Agent for Berlinda Harper Terry, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. CHAIRMAN WHITEHEAD RELINQUISHED THE CHAIR TO COMMISSIONER DICKSON (Continued on Page 18) 8/3/2006 Page 17 of 44 klc

18 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on June 26, 2006: A. Adopting the RHE s recommendation and denying C-1; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (5) Case Number: Z Location: 15 South Blue Angel Parkway Property Reference Number: 23-2S Property Size: 1.02 (+/-) acre From: R-2, Single-Family District (cumulative), Low-Medium Density (7 dwelling units per acre) To: C-1, Retail Commercial District (cumulative), (25 dwelling units per acre) FLU Category: C, Commercial Commissioner District: 1 Requested by: Wiley C. Buddy Page, Agent for SKO Real Estate III, LLC, Owner RHE Recommendation: Denial Staff Recommendation: Denial Speaker(s): Wiley C. "Buddy" Page Robert B. Hoffbauer Clyde Douglas Saucier Dorothy L. Thomas John W. Thomas VICE CHAIRMAN DICKSON RELINQUISHED THE CHAIR TO COMMISSIONER WHITEHEAD (Continued on Page 19) 8/3/2006 Page 18 of 44 klc

19 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on June 26, 2006: A. Adopting the RHE s recommendation and approving VAG-2; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (6) Case Number: Z Location: 9100 Sunshine Hill Road Property Reference Number: 30-3N Property Size: (+/-) acres From: VAG-1, Villages Agriculture Districts (5 dwelling units per 100 acres on 1-acre parcels) To: VAG-2, Villages Agriculture Districts (1 dwelling unit per 5 acres) FLU Category: AG, Agriculture Commissioner District: 5 Requested by: W.R. Ward, Agent for C.R. Campbell, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. 8/3/2006 Page 19 of 44 klc

20 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 2. 5:45 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting an Ordinance (Number ) to amend the Official Zoning Map to include the Rezoning Cases (Z , Z , Z , and Z ) that were heard by the Rezoning Hearing Examiner on June 26, 2006, and approved during the previous agenda item, and to provide for severability, inclusion in the Code, and an effective date. Speaker(s) None. 3. 5:46 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, adopting an Ordinance (Number ) amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended, amending Article 2, Issuance of Permits, adding language to Section to allow development to proceed at an applicant s risk when required State and Federal permits have been obtained and/or considered acquired by default; providing for severability, inclusion in the Code, and an effective date, as revised (to delete applied for in good faith from Article , Issuance of Permits, Page 3, Line 2, of the draft Ordinance). Speaker(s) None. 8/3/2006 Page 20 of 44 klc

21 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 4. 5:47 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, conducting the first of two Public Hearings and taking the following action: A. Reviewing an Ordinance to (amend) the Escambia County Land Development Code (Ordinance Number 96-3, as amended); Article 3, Section , to clarify, and add the definitions for all types of vehicle, truck, utility trailer, and RV rental service or facility; Amending Article 6, Zoning Districts, to identify in which zoning districts automobile rental agencies and truck, utility trailer, and RV rentals services or facilities are allowed, including the placement of truck rental service or facility with mini-warehouses; clarifying the language of vehicle placement in public rights-of-way; amending verbiage of automobile rental agencies for consistency; and adding additional standards regulating conditional uses; providing for severability, inclusion in the Code, and an effective date; and B. Scheduling the second of two Public Hearings for September 7, 2006, at 5:50 p.m. Speaker(s) None. 5. 5:48 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action: A. Ratifying the scheduling of a Public Hearing for August 3, 2006, at 5:48 p.m., to consider an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended, amending Article 7, Performance Standards, including conditions relative to the issuance of Nationwide Permits 14 and 39, providing for severability, inclusion in the Code, and an effective date; and B. Adopting the Ordinance (Number ). Speaker(s) None. 8/3/2006 Page 21 of 44 klc

22 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 6. 5:49 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, adopting an Ordinance (Number ) amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended, amending Article 3, Definitions, addition (Section , Usage. Carports); and Article 6, Zoning Districts (Section , Home Occupations and Other Accessory Uses, adding Carports); providing for severability, inclusion in the Code, and an effective date. Speaker(s): Linzie Stephens, Jr. II. ACTION ITEM 1. Interlocal Agreement for Public School Facility Planning Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving, and authorizing the Chairman to sign, the Interlocal Agreement for Public School Facility Planning (between Escambia County, City of Pensacola, the Town of Century and the School Board of Escambia County). 8/3/2006 Page 22 of 44 klc

23 GROWTH MANAGEMENT REPORT Continued II. ACTION ITEM Continued 2. De minimus Rule and III. CONSENT AGENDA 1. Scheduling of Public Hearings Motion made by Commissioner White, and carried unanimously, with no second, approving Item II-2 and Item III-1, as follows: II. ACTION ITEM 2. Approving to drop the recommendation that the Board review and approve a Departmental Policy to clarify the invocation of the de minimus rule to forego enforcement action on minor infractions of the physical dimensional requirements of the Escambia County Land Development Code; and III. CONSENT AGENDA 1. Scheduling the following six Public Hearings: A. 5:45 p.m. Thursday, September 7, 2006 A Public Hearing (to consider adopting an Ordinance) to amend the Official Zoning Map to include the following seven Rezoning Cases heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006: (1) Case Number: Z Location: 5104 North W Street Property Reference Number: 46-1S Property Size: 0.34 (+/-) acre From: R-6, Neighborhood Commercial and Residential District (cumulative), High Density (25 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District (cumulative), High Density (25 dwelling units per acre) FLU Category: MU-1, Mixed Use Commissioner District: 3 Requested by: Dennis C. Paedae, Jr., and Suzanne R. Paedae, Owners (Continued on Page 24) 8/3/2006 Page 23 of 44 klc

24 GROWTH MANAGEMENT REPORT Continued III. CONSENT AGENDA Continued 1. Continued A. Continued (2) Case Number: Z Location: 133 East Johnson Avenue Property Reference Number: 21-1S Property Size:.96 (+/-) acre From: R-2, Single-Family District (cumulative), Low- Medium Density (7 dwelling units per acre) To: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Johnny C. Crawford, Agent for Crawford- McBride Development, LLC, Owners (3) Case Number: Z Location: 799 West Leonard Street Property Reference Number: 18-2S Property Size: 4.72 (+/-) acres From: R-2, Single-Family District (cumulative), Low- Medium Density (7 dwelling units per acre) To: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) FLU Category: C, Commercial and MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Wiley C. Buddy Page, Agent for William H. Dean, Owner (Continued on Page 25) 8/3/2006 Page 24 of 44 klc

25 GROWTH MANAGEMENT REPORT Continued III. CONSENT AGENDA Continued 1. Continued A. Continued (4) Case Number: Z Location: 929 Upland Road Property Reference Number: 16-1N Property Size: 4.76 (+/-) acres From: VR-1, Villages Rural Residential Districts, Gross density, (1 dwelling unit per 4 acres) To: V-2, Villages Single-Family Residential District, Gross Density (2 dwelling units per acre) FLU Category: MU-6, Mixed Use 6 Commissioner District: 5 Requested by: W. R. Ward, Agent for B.K. Investments, Owner (5) Case Number: Z Location: 650 Edgecliff Drive Property Reference Number: 35-2S Property Size: 6.59 (+/-) acres From: R-2, Single-Family District (cumulative), Low- Medium Density (7 dwelling units per acre) To: R-4, Multiple-Family District (cumulative), Medium High Density (18 dwelling units per acre) FLU Category: MU-2, Mixed Use 2 Commissioner District: 2 Requested by: (Continued on Page 26) Neil Patel, Agent for PK Garg Family, LLC, Owner 8/3/2006 Page 25 of 44 klc

26 GROWTH MANAGEMENT REPORT Continued III. CONSENT AGENDA Continued 1. Continued A. Continued (6) Case Number: Z Location: 8611 and 8615 Untreiner Avenue Property Reference Numbers: 10-1S and 10-1S Property Size: 9.65 (+/-) acres From: R-5, Urban Residential/Limited Office District (cumulative), High Density (20 dwelling units per acre) To: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) FLU Category: C, Commercial Commissioner District: 3 Requested by: Thomas G. Hammond, Jr./Hammond Engineering Inc., Agent for LJJ Developers, LLC, Owner (7) Case Number: Z Location: 625 Hawthorn Drive Property Reference Number: 50-2S Property Size: 0.28 (+/-) acre From: R-2, Single-Family District (cumulative), Low- Medium Density (7 dwelling units per acre) To: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 2 Requested by: (Continued on Page 27) Scott Bryars, Creative Investments Group, LLC, Agent for Dorothy Yvonne Cole, Owner 8/3/2006 Page 26 of 44 klc

27 GROWTH MANAGEMENT REPORT Continued III. CONSENT AGENDA Continued 1. Continued B. 5:46 p.m. Thursday, September 7, 2006 A Public Hearing to review and adopt an Ordinance amending Part II of the Escambia County Comprehensive Plan, as amended; amending Chapter 7, The Future Land Use Element, as authorized by Section 7.06; providing for a Small Scale Amendment (SSA ), to the Year 2020 Future Land Use Map, as amended, and as requested by Wiley C. Buddy Page, Agent for The Mitchell Company, Inc., changing the Future Land Use of /- acres, located at 6120 Village Oaks Drive, from Commercial (C) to Mixed-Use 2 (MU-2); C. 5:47 p.m. Thursday, September 7, 2006 A Public Hearing to review and adopt an Ordinance amending Part II of the Escambia County Comprehensive Plan, as amended, amending Chapter 7, The Future Land Use Element, as authorized by Section 7.06; providing for a Small Scale Amendment (SSA ), to the Year 2020 Future Land Use Map, as amended, and as requested by Thomas G. Hammond, Jr., Agent for Jay Patel, Owner, changing the Future Land Use of /- acres, located at 8611 and 8615 Untreiner Avenue, from Commercial (C) to Mixed-Use 1 (MU-1); D. 5:48 p.m. Thursday, September 7, 2006 A Public Hearing to review and adopt an Ordinance amending Part II of the Escambia County Comprehensive Plan, as amended; amending Chapter 7, The Future Land Use Element, as authorized by Section 7.06; providing for a Small Scale Amendment (SSA ), to the Year 2020 Future Land Use Map, as amended, and as requested by W. R. Ward, Agent for Robert Gulley, Owner, changing the Future Land Use of 0.83 (+/-) acre, located at 1229 Hope Drive, from Industrial (I) to Urban Residential (UR); E. 5:49 p.m. Thursday, September 7, 2006 A Public Hearing to review and approve the development plan for Gully Estates Subdivision, a Planned Unit Development; and F. 5:51 p.m. Thursday, September 7, 2006 A Public Hearing to review and adopt an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code Article 10, as amended; Sections and , to amend the Flood Insurance Rate Map revision date, and Section , to add and modify definitions related to datums. 8/3/2006 Page 27 of 44 klc

28 COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, approving Consent Agenda Items 1 through 12, as follows: 1. Authorizing the scheduling of a Public Hearing Thursday, August 17, 2006, at 5:33 p.m., to consider adoption of an Ordinance repealing an Economic Development Ad Valorem Tax Exemption for Terhaar-Cronley Investments Partnership. 2. Approving to schedule and advertise the first of two Public Hearings on August 17, 2006, at 5:32 p.m., to receive public input on the designation of 3517 Old Fairfield Drive, Pensacola, Florida 32505, as a brownfields area within the Englewood Redevelopment Area for the purpose of economic development and environmental rehabilitation. 3. Ratifying the Chairman s signature on Amendment Number 2 to Project Agreement Number (BCC approved October 6, 2005) with the United States Department of Agriculture, Natural Resources Conservation Service (USDA/NRCS); the Amendment provides an extension from 270 days to 382 days to provide sufficient time for completion of work to improve impaired watersheds. 4. Ratifying the Chairman s signature on the License and Hold Harmless Agreement between Mitchell Homes and Escambia County; the License and Hold Harmless Agreement allowed Mitchell Homes to access County property to remove approximately 1600 cubic yards of sediment and restore property and impacted wetlands in accordance with terms of Consent Order Number DF, issued by the State of Florida Department of Environmental Protection. 5. Accepting, for filing with the August 3, 2006, Board Minutes, the Enterprise Zone Development Agency (EZDA) Quarterly Report (January 1-March 31, 2006) and Benchmarks for Measuring the EZ Strategic Plan. 8/3/2006 Page 28 of 44 klc

29 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 6. Taking the following action concerning the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Emergency Watershed Protection (EWP) Project Agreement : A. Accepting, subject to Legal sign-off, the Stormwater Utility Easement and other documents of conveyance as may be required from Gary E. and June Marie Cooper (husband and wife), whose address is 1660 Amanda Lane, Cantonment, Florida 32533, and whose property will be used for the purpose of access for persons, equipment, and construction and maintenance of stormwater utility structures in connection with an EWP Project funded through NRCS/USDA; B. Authorizing the Chairman to sign the document; C. Authorizing payment of incidental costs related to the recording of the document in the Public Records; and D. Authorizing payment of documentary stamp taxes because the easement is being donated for government use to install erosion-control structures, and the public benefits from the easement because the structures will prevent further property damage (cost of recording and documentary stamp taxes will be paid from Cost Center ). 7. Scheduling a Public Hearing for September 7, 2006, at 5:32 p.m., to consider the Petition to Vacate a portion of Jakes Road (approximately 2600 linear feet of varying width), lying north of Nokomis Road and south of the east/west portion of Jakes Road, also being the north line of Section 4, Township 5 North, Range 33 West, as petitioned by Kent Sherrill. 8/3/2006 Page 29 of 44 klc

30 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 8. Taking the following action concerning adoption of a Maintenance Map (Map) of Smallwood Road, Spicewood Road, Pepperwood Road, and a portion of Frank Reeder Road: A. Adopting a Maintenance Map, Engineering Department Map Number L-4692, on Smallwood Road, Pepperwood Road, approximately 2,000 feet of Spicewood Road, and portions of Frank Reeder Road; the Map delineates the extent of County maintenance to define County property in areas where the County maintains roads without having deeded right-of-way; B. Approving said areas shown on the Map for continued maintenance, pursuant to Florida Statutes, Chapter ; and C. Authorizing the Chairman or Vice Chairman to accept the Map as of the day of delivery of the Map to the Chairman or Vice Chairman, and authorizing the Chairman or Vice Chairman to execute the Map for recording at that time. 9. Taking the following action concerning the designation of a portion of County property (approximately 100 feet x 275 feet = 0.63 acre) as road right-of-way for Ensley Street: A. Adopting a Resolution designating a portion of County property (approximately 100 feet x 275 feet = 0.63 acre) as road right-of-way for a portion of Ensley Street; B. Authorizing the Chairman or Vice Chairman to sign the Resolution; and C. Authorizing the payment of incidental expenditures for the recording of the Resolution. 10. Reappointing Robert Anthony Beargie to the Investment Advisory Committee, effective August 20, 2006, through August 21, /3/2006 Page 30 of 44 klc

31 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 11. Taking the following action concerning reappointments to the Humans Services Appropriations Committee: A. Reappointing Donna Myles McMahon to serve another three-year term, effective August 21, 2006, through August 20, 2009; and B. Reappointing Mary E. Farrow to serve another three-year term, effective August 21, 2006, through August 20, Amending the Board s action of September 19, 2002, concerning the Commissioner Aide positions, to allow Aides who are at the maximum of the assigned salary range to receive the same Annual Consumer Price Index-based adjustments as other employees under the Board of County Commissioners. II. BUDGET/FINANCE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, approving Consent Agenda Items 1 through 16, as follows: 1. Taking the following action concerning the Florida Department of Transportation (FDOT) Block Grant, Public Transportation Joint Participation Agreement (JPA) Financial Project No : A. Approving the JPA providing for FDOT Block Grant transit operating assistance, in the amount of $760,785, for funding to be used by Escambia County Area Transit to provide mass transit service to citizens of Escambia County; B. Adopting the authorizing Resolution; and C. Authorizing the Chairman to execute the JPA and the Resolution. 8/3/2006 Page 31 of 44 klc

32 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 2. Taking the following action concerning the Florida Department of Transportation (FDOT), Public Transportation Joint Participation Agreement (JPA) Financial Project No : A. Approving the JPA providing for FDOT participation in the pass-through of Federal Transit Act, Section 5311 funding, in the amount of $97,128, for funding to be used by the Community Transportation Coordinator to provide door-to-door service and Escambia County Area Transit to provide mass transit service to citizens in the nonurbanized area of Escambia County; B. Adopting the authorizing Resolution; and C. Authorizing the Chairman to execute the JPA and Resolution. 3. Adopting the Resolution approving Supplemental Budget Amendment Number 353, Federal Transit Administration (FTA) Capital Projects Fund (320), in the amount of $165,570, and recognizing and appropriating these additional funds to be combined with the 2006 FTA Capital Grant for the purchase of six additional buses. 8/3/2006 Page 32 of 44 klc

33 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 4. Taking the following action concerning the surplus and sale of real property located at 2923 Mission Road: A. Declaring surplus the Board s real property, Account Number , Reference Number 16-2S , as acquired by foreclosure; B. Approving the conveyance for the sum of $1, to Top of the Bottom Ministry, Inc., a Florida non-profit corporation, for construction of a single-family home for a low-to-moderate-income family; C. Adopting a Resolution stating the application being made, the purpose for which such property is to be used, and the price; and D. Authorizing the Chairman to sign any documents needed to complete this action, subject to Legal sign-off. 5. Amending the Board s action taken at the June 1, 2006, Board Meeting, concerning the issuance of a Change Order to Fabre Engineering, Inc., on Contract PD ENG, Professional Engineering and Surveying Services for Addison Drive Extension, by revising the amount of the Change Order from $140,691 to $149,468 (Funding Source: Fund 351, Local Option Sales Tax Extension, Account /56301, Project No. 05EN0104). 8/3/2006 Page 33 of 44 klc

34 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 6. Taking the following action concerning the acquisition of property for road rights-of-way and drainage improvement projects on Rebel Road, Byrneville Road, Milford Road, Welcome Circle, Kathleen Avenue, Spicewood Road, Smallwood Road, Pepperwood Road, Pine Forest Road, and Bankhead Drive: A. Authorizing staff to negotiate and resolve any matters related to, or associated with, the acquisition of property for road rights-of-way and easements located on or adjacent to the above properties, gather information, and conduct inspections as needed, to allow the Board s acceptance of the real property; B. Authorizing the payment of documentary stamps because the property is being acquired for governmental use, which is for road rights-of-way and drainage easements, and the County benefits from these acquisitions because they facilitate the installation of the improvements and maintenance of paving and drainage systems, which will enhance the quality of life for the citizens of Escambia County; C. Authorizing the payment of incidental expenditures associated with the acquisition of these properties; and D. Authorizing staff to prepare and the Chairman or Vice Chairman to accept the Deeds or Easements as of the day of delivery of the Deeds or Easements to the Chairman or Vice Chairman, and authorizing the Chairman or Vice Chairman to acknowledge the Board s acceptance at that time (Funding Source: Fund 351, Local Option Sales Tax Extension, Fund 350, Local Option Sales Tax, and Fund 333, New Road Construction ). 8/3/2006 Page 34 of 44 klc