Chairman White called the Public Forum Work Session to order at 4:39 p.m.

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1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD JUNE 7, 2007 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX 221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:39 p.m. 7:14 p.m.) Present: Commissioner Kevin W. White, Chairman, District 5 Commissioner Marie K. Young, Vice Chairman, District 3 Commissioner Grover C. Robinson, IV, District 4 Commissioner D. M. Mike Whitehead, District 1 Mr. Robert R. Bob McLaughlin, Assistant County Administrator Mrs. Janet Lander, County Attorney Mrs. Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services Mrs. Shirley L. Gafford, Program Coordinator, County Administrator s Office Mrs. Doris Harris, Deputy Clerk to the Board Absent: Commissioner Gene M. Valentino, District 2 PUBLIC FORUM WORK SESSION Chairman White called the Public Forum Work Session to order at 4:39 p.m. 1. FOR INFORMATION: The Board heard comments from Barbara Mayall concerning Escambia County Area Transit transfer stations and lack thereof, regarding which Mrs. Mayall provided documentation. 2. FOR INFORMATION: The Board: (1) Was advised by Joan M. Engel that, because of the County s decision to eliminate Enhanced Neighborhood Protection Zones (ENPZ), she is requesting, on behalf of the Scenic Hills Homeowners Association, that the County provide a reimbursement, in the amount of $957.50, for costs incurred by the Scenic Hills Homeowners Association relating to the process of developing an ENPZ for its subdivision; and (2) Heard comments from Mrs. Engel concerning Escambia County Area Transit and the need for public transportation for those who are visually impaired. 3. FOR INFORMATION: The Board heard general comments from L. Gary Sansing regarding global warming. 6/7/2007 Page 1 of 43 lfc

2 PUBLIC FORUM WORK SESSION Continued 4. FOR INFORMATION: The Board: A. Heard comments from Andrew Blewer expressing gratitude towards Escambia County s Road Department and the Director, Larry Pat Overton, for the clean-up of the Midas/Muldoon illegal construction and demolition debris pit; and B. Heard comments from Mr. Blewer regarding discussions held at Agenda Work Sessions that are not repeated for the public during Regular Board Meetings. 5. FOR INFORMATION: The Board was advised by Robert Fagan that he is opposed to the Rezoning Case being considered by the Board for USA Ready Mix. 6. FOR INFORMATION: The Board heard the request from the following fourteen individuals that the Board consider approving the Rezoning request being considered for USA Ready Mix: Bobby Lindsey Sherrie Rutherford Stephanie Nuvoli Barry Spurlock Ed Turner Ray Mathis Mike Johnson Jody Johnson Johnny Newton Noele McBride Ken Myers Angel Williamson Ronnie Hale Jimmy Morris 5:18 P.M. PUBLIC FORUM ADJOURNED 5:33 P.M. REGULAR BOARD MEETING CONVENED REGULAR BCC AGENDA 1. Call to Order Chairman White called the Regular Meeting of the Board of County Commissioners to order at 5:33 p.m. 2. Invocation Chairman White advised that Senior Pastor Dr. Philip McVay, Cokesbury United Methodist Church, would deliver the Invocation. 6/7/2007 Page 2 of 43 lfc

3 REGULAR BCC AGENDA Continued 3. Pledge of Allegiance to the Flag Chairman White lead the Pledge of Allegiance to the Flag. 4. Adoption of the Agenda Motion made by Commissioner Robinson, seconded by Commissioner Whitehead, and carried 4-0, with Commissioner Valentino absent, adopting the agenda as prepared and duly amended to include Addendum #1 to the County Attorney s Report (Item I-3). 5. Commissioners Forum: A. District 4 The Board was advised by Commissioner Robinson that a change in Florida s No Fault Insurance could possibly affect Escambia County s Emergency Medical Services and Fire Services; however, the change also means a savings of $360 per year on insurance for individuals and/or families with two cars; B. District 1 The Board: (1) Heard comments from Commissioner Whitehead concerning an article headline in the Pensacola News Journal stating that the County had received $12 million from the Federal Emergency Management Agency, which, in his opinion, was misleading to the public because the article, itself, revealed that the County had only received $1.8 million of those funds and the State received the remaining balance; and (2) Was advised by Commissioner Whitehead that, for clarification, he recognizes that there is a property tax issue in Escambia County and his concern is with the system that the Legislature uses to determine taxes; and C. District 3 The Board was advised by Commissioner Young that on June 19, 2007, Derrick Brooks will be inducted to the (City of Champions) Wall of Fame exhibit at the Pensacola Regional Airport (and the Pensacola Sports Association will honor him at a banquet on June 28, 2007, at the Pensacola Civic Center). 6/7/2007 Page 3 of 43 lfc

4 REGULAR BCC AGENDA Continued 6. Proclamations Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, adopting the Proclamation acknowledging that the seven-day period ending on July 5 shall henceforth be observed as National Clean Beaches Week in Escambia County. 7. Employee of the Month Proclamations/Retirement Proclamations/Years of Service Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, taking the following action concerning Employee of the Month Proclamations/Retirement Proclamations/Years of Service: A. Adopting the two Proclamations commending and congratulating the following employees for being selected as Employees of the Month for June 2007: (1) Ms. Angela D. Crawley, Accounting Technician, County Administrator s Office, Community Services and Public Safety Agency; and (2) Mr. Joey D. Saquibal, Information Technology Specialist, Information Resources Department, Public Works and Land Management Agency; B. Adopting the Proclamation commending and congratulating Frank W. Cooksey, Jr., Maintenance Technician, Facilities Management Department/Maintenance Division, on his retirement after 22 years of dedicated service; and C. Recognizing, with pins and certificates, the below-named employees for their dedication and years of service to the County: (1) Bessie W. Bradshaw, Purchasing Department, 35 years; and (2) Cheryl C. Lively, County Administrator s Office, 30 years. 6/7/2007 Page 4 of 43 lfc

5 REGULAR BCC AGENDA Continued 8. Written Communication: A. Code Enforcement Lien Ravinder Bandari Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried 4-0, with Commissioner Valentino absent, forgiving the balance of the Lien (in the amount of $12,592.21), subject to recovering the hard costs, upon verification that the structure has been demolished and removed, relative to the communication dated May 14, 2007, from Ravinder Bandari requesting that the Board consider waiving the remaining penalty balance of a Code Enforcement Lien against property located at 2702 West Bobe Street. B. Lake Stone Campground The Board heard comments from Richard G. Blocker, Sr., relative to Mr. Blocker s communication dated May 19, 2007, concerning the length of stay at Lake Stone Campground, and the Board took no action. C. Code Enforcement Lien Suzanne M. Peterson Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried 4-0, with Commissioner Valentino absent, charging the Lien, in the amount of $1,100, which is the hard costs, charging a $50 fine per day for 30 days, and waiving the balance of the Fines, relative to a communication dated May 23, 2007, from J. Phillip Warren, Taylor, Warren & Weidner, P.A. (representing Suzanne M. Peterson), requesting that the Board consider waiving a Code Enforcement Lien and fines against property located at 5632 Ponte Verde Road, regarding which Mr. Warren provided additional documentation. 6/7/2007 Page 5 of 43 lfc

6 REGULAR BCC AGENDA Continued 9. Proofs of Publication Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, 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 five Public Hearings on the agenda: (1) The 5:31 p.m. Public Hearing, advertised in the Pensacola News Journal on May 17, 2007, for consideration of the Petition to Vacate an alleyway in Block 17, Britton Place Subdivision, as petitioned by Marchetti, Inc.; (2) The 5:32 p.m. Public Hearing, advertised in the Pensacola News Journal on May 27, 2007, for consideration of adopting an Ordinance providing for the elimination of authorization for formation of future Enhanced Neighborhood Protection Zones; (3) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on May 18, 2007, for consideration of adopting an Ordinance amending the Official Zoning Map; (4) The 5:47 p.m. Public Hearing, advertised in the Pensacola News Journal on May 26, 2007, for consideration of adopting an Ordinance approving SSA ; and (5) The 5:51 p.m. Public Hearing, advertised in the Pensacola News Journal on May 25, 2007, for consideration of Rezoning Case Z ; and (Continued on Page 7) 6/7/2007 Page 6 of 43 lfc

7 REGULAR BCC AGENDA Continued 9. Continued B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule June 4 June 8, 2007 Legal No , as published in the Pensacola News Journal on June 3, 2007, as follows: June 4 5:30 p.m. Marine Advisory Committee June 5 1:30 p.m. Environmental Enforcement Special Magistrate June 5 4:30 p.m. Tourist Development Council June 5 5:00 p.m. The Arts Council of Northwest Florida June 6 8:30 a.m. Examination Committee for Competency Board June 6 9:00 a.m. Construction Industry Competency Board June 6 1:00 p.m. Development Review Committee June 7 8:00 a.m. Incident Review Board June 7 9:00 a.m. Agenda Work Session June 7 1:30 p.m. Environmental Enforcement Special Magistrate June 7 4:30 p.m. Board of County Commissioners Public Forum June 7 5:30 p.m. Board of County Commissioners Public Hearings & Reports NEXT WEEK S NOTE: June 11 8:30 a.m. Planning Board June 12 1:30 p.m. Environmental Enforcement Special Magistrate June 12 3:00 p.m. Department Directors June 12 5:00 p.m. Housing Finance Authority June 12 5:00 p.m. Merit System Protection Board 6/7/2007 Page 7 of 43 lfc

8 REGULAR BCC AGENDA Continued 10. 5:31 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried 4-0, with Commissioner Valentino absent, taking the following action concerning the Petition to Vacate an alleyway, measuring 20 feet by approximately 135 feet = 2,700 square feet, or 0.06 acre, in Block 17, Britton Place Subdivision, as petitioned by Marchetti, Inc.: A. Approving the Petition to Vacate; B. Accepting the Hold/Harmless Agreement; C. Adopting the Resolution (R ) to Vacate; and D. Authorizing the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorizing the Chairman or Vice Chairman to execute them at that time. Speaker(s) None :32 p.m. Public Hearing Motion made by Commissioner Robinson, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, rescheduling the Public Hearing for June 21, 2007, at 5:33 p.m., relative to the recommendation that the Board adopt an Ordinance amending Chapter 30, Article V, Section , of the Escambia County Code of Ordinances, providing for the elimination of authorization for formation of future Enhanced Neighborhood Protection Zones. Speaker(s) None. 6/7/2007 Page 8 of 43 lfc

9 REGULAR BCC AGENDA Continued 12. Committee of the Whole Recommendation(s) Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, approving Item A, as follows, as recommended at the May 22, 2007, C/W Workshop: A. Moving forward with, and scheduling for consideration at the July Regular Board Meeting, the $2.7 million funding request for "Project Journey" (Agenda Item 3). Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, approving Item B, as follows, as recommended at the May 22, 2007, C/W Workshop: B. Taking the following action (Agenda Item 5): (1) Authorizing the County Attorney to proceed with the Hotel/Motel/Condotel Ordinance already on the table, with the issue of fractional share to be a separate issue (held for further research by the County Attorney for future application to the Ordinance), to include the County Attorney's new definitions, with modifications as a result of input from Commissioner Robinson, and amending Section Usage Hotels and Motels to state " the owner shall not reside in the unit for more than 12 weeks in any calendar year "; (2) Authorizing Planning and Legal staff, in association with the (Hotel/Motel) Industry to determine the best method to address the fractional share issue and provide a recommendation to the Board within 60 days; and (3) Directing the County Attorney (to prepare, for consideration by the Planning Board, an Ordinance) to amend Section of the Land Development Code (LDC) to delete the last sentence in the first paragraph, which states, "Nothing in this section shall be construed so as to prohibit such leases from containing more restrictive provisions." 6/7/2007 Page 9 of 43 lfc

10 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 Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, approving Consent Agenda Items 1 through 4, as follows: 1. Accepting, for filing with the Board's Minutes, the following three Reports prepared by the Clerk & Comptroller's Finance Department: A. Payroll Expenditures as of Payday June 1, 2007, in the amount of $2,350,711.61; and B. The following two Disbursement of Funds: (1) May 17, 2007, to May 23, 2007, in the amount of $5,038,339.95; and (2) May 24, 2007, to May 30, 2007, in the amount of $190, Accepting, for filing with the Board's Minutes, the Minutes of the Quarterly Meeting of the County Investment Advisory Committee (CIAC) held April 27, 2007, as prepared by the Clerk to the Board's Office. 3. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk to the Board s Office: A. The Commitment Contract for emergency purchases of goods and services for any existing quotations and agreements and any future additional quotations and agreements that may be required for the procurement of emergency goods and services during declarations of emergencies and the activation of the Emergency Operations Center with DNR Transportation and Escambia County Board of County Commissioners, as authorized by Board action on September 7, 2006; (Continued on Page 11) 6/7/2007 Page 10 of 43 lfc

11 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 3. Continued B. The original Agreement for Voluntary Environmental Site Assessment Analysis between Escambia County and Gerry Goldstein, as executed by the Chairman on May 31, 2007, based on the Board s October 21, 1999, approval of the generic Agreement for Voluntary Environmental Site Assessment Analysis with any applying property owner(s) for environmental assessments performed by approved environmental consultants on properties within the Brownfield Assessment Pilot Program area; C. The Emerald Coast Utilities Authority (ECUA) Pensacola, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2006, as prepared by Debra P. Buckley, Director of Finance, ECUA, and provided to the Clerk to the Board's Office on May 17, 2007; and D. Copies of the Minutes of the following Meetings of the Santa Rosa Island Authority: (1) The Planning for the Future Workshop held February 6, 2007; (2) The Administrative Committee, Architectural Environmental Committee, Development & Leasing Committee, Operations Committee, and Special Projects Committee Meetings held February 28, 2007; (3) The Regular Board Meeting held March 14, 2007; and (4) The Special Board Meeting held March 28, /7/2007 Page 11 of 43 lfc

12 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Taking the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office: A. Approving the Minutes of the Public Forum Work Session and Regular Board Meeting held May 24, 2007; B. Accepting, for filing with the Board's Minutes, the Report of the May 24, 2007, Agenda Work Session; and C. Accepting, for filing with the Board's Minutes, the Report of the May 22, 2007, Committee of the Whole Workshop, as follows: AGENDA NUMBER 1. Call To Order Chairman White called the Committee of the Whole (C/W) to order at 9:05 a.m. 2. Was the Meeting Properly Advertised? The C/W was advised by Doris Harris, Deputy Clerk to the Board, that the Meeting was advertised in the Pensacola News Journal on May 20, 2007, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule, May 21 May 25, 2007, Legal No (Continued on Page 13) 6/7/2007 Page 12 of 43 lfc

13 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Infrastructure Development Funding for Project Journey Interfaith Housing Coalition for an Affordable Housing Development Located off of W Street, South of Catholic High School / Florida Trust for Historic Preservation Sponsorship A. Discussion The C/W viewed a PowerPoint Presentation entitled Journey a Master Planned Community, presented by Carter Quina, Quina Grundhoefer Architectural Affairs, and the C/W; (Continued on Page 14) (1) Heard the request from Mr. Quina that the County consider contributing $4.2 million to begin the Project; (2) Was advised by Amy Lovoy, Budget Manager, that the County could financially participate in the Project through the following Funding Sources: (a) Community Development Block Grant $1,250,000 ($250,000 for five years); (b) Local Option Sales Tax III $500,000; (c) Englewood Community Redevelopment Area $30,000; and (d) State Housing Initiative Program Trust Fund $1,000,000 (in an interest-free loan); and (3) Heard the request from Commissioner Valentino that Mr. Quina approach Emerald Coast Utilities Authority with a request that it consider funding the costs for sanitation sewer lines, water system lines, and fire main lines; and 6/7/2007 Page 13 of 43 lfc

14 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Continued B. Board Direction The C/W recommends that the Board move forward with the Project and that a recommendation for $2.7 million in funding be brought to the July Board Meeting for approval. Recommended 4-0, with Commissioner Whitehead absent during discussion of this item Speaker(s): Bill Compton 4. General Fund Budget Reduction A. Discussion The C/W discussed General Fund Budget Reduction, and the C/W: (Continued on Page 15) (1) Was advised by County Administrator Touart that staff will not have a recommendation concerning the County s Fiscal Year Budget to present to the Board until after the Special Legislative Session that is scheduled for June 12-22, 2007; (2) Was further advised by County Administrator Touart that if the State would fund the unfunded mandates and State Departments/Programs, most Counties could give a significant tax cut; 6/7/2007 Page 14 of 43 lfc

15 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 4. Continued A. Continued (Continued on Page 16) (3) Was advised by Commissioner Valentino that he is concerned with the methodology that the State uses concerning the process of appraising property, and heard his request that County Administrator Touart pass his concerns along to the State Delegation; (4) Upon inquiry from Commissioner Young, was advised by Amy Lovoy, Budget Manager, that, by law, the Budget Office has until July 15 to submit in a balanced budget to the Board; (5) Upon inquiry from Ms. Lovoy, was advised by Commissioner White that the Constitutional Officers will have to cut their budgets proportionate to what the County will have to cut; (6) Upon inquiry from Commissioner Valentino, was advised by County Administrator Touart that the Supervisor of Elections, the Tax Collector, and the Clerk of the Circuit Court have submitted their respective Budgets; 6/7/2007 Page 15 of 43 lfc

16 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 4. Continued A. Continued (7) Heard the invitation from Commissioner Whitehead extended to Representative David Murzin and the other members of the Legislative Delegation to attend the County s Budget Work Sessions to discuss, based on the results of the Special Legislative Session regarding property tax reform, potential reductions to the County's Fiscal Year Budget; (8) Heard the request from Commissioner Valentino that Representative David Murzin and the other members of the Legislative Delegation attend the June 21, 2007, Regular Board Meeting, to discuss the results of the Special Legislative Session; and B. Board Direction None. Speaker(s): Representative David Murzin 11:08 A.M. RECESSED 11:17 A.M. RECONVENED (Continued on Page 17) 6/7/2007 Page 16 of 43 lfc

17 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Hotel/Motel/Condotel Ordinance A. Discussion The C/W discussed Hotel/Motel/Condotel Ordinance, and the C/W: (Continued on Page 18) (1) Heard an overview from County Attorney Lander of the proposed new definitions of Motel, Hotel, Condotel/Conto-hotel, Resort Condominium, Resort Dwelling, and Lodging Unit, for the Hotel/Motel/Condotel Ordinance, with the following changes: (a) Delete, from the definition of Hotel, from which all sleeping unit accommodations may be accessed without leaving the building, and insert has a central/internal lobby ; (b) Add, in the definition for Condotel or Condo-hotel under the second bullet, the word residential before dwelling units, and change 12 weeks to 16 weeks; (c) Add, to the language and, furthermore, the unit shall be made available to the public for short-term transient rentals of less that 30 days for the balance of the calendar when not owner-occupied, which was added to the Draft Ordinance at the last Public Hearing, the requirement that Condotel be made available by the Operator, not the unit owner; (d) Delete, from the definition of Condotel or Condo-hotel under the third bullet, the quotation marks from the word hotel ; and 6/7/2007 Page 17 of 43 lfc

18 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Continued A. Continued (1) Continued (Continued on Page 19) (e) Delete, from the definition of Condotel or Condo-hotel under the fourth bullet, the words cable television ; (2) Was advised by County Attorney Lander that the language for the requirements of fractional share ownership is a work in progress; (3) Was further advised by County Attorney Lander that, after having discussions with the Department of Community Affairs, she recommends that the Board consider developing restrictions with regard to the conversion of a commercial establishment to a residential dwelling establishment; (4) Heard the request from Commissioner Valentino that Section of the Escambia County Land Development Code be amended so that that there is no misunderstanding as to the supremacy of the Comprehensive Plan and the Land Development over land use, and that the intentions of the proposed Ordinance cannot be circumvented by the Santa Rosa Island Authority (SRIA) concerning land use; 6/7/2007 Page 18 of 43 lfc

19 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Continued A. Continued (Continued on Page 20) (5) Heard the request from Commissioner Whitehead that the Planning Board, in conjunction with the County Attorney, draft an Ordinance concerning the proportionate fair share issue; (6) Was advised by Commissioner Whitehead that he is extremely concerned at the direction that the SRIA has taken with regard to land use on Pensacola Beach, and heard his request that the Board take a firm position concerning the relative roles of Escambia County and the SRIA concerning land development, and pass a Resolution to that effect; and (7) Heard the request from Commissioner Valentino that the County Attorney provide a bullet-point explanation of the scope and authority of the SRIA and the Board of County Commissioners concerning land development; and 6/7/2007 Page 19 of 43 lfc

20 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Continued B. Board Direction The C/W recommends that the Board take the following action: (1) Authorize the County Attorney to proceed with the Hotel/Motel/Condotel Ordinance already on the table, with the issue of fractional share to be a separate issue (held for further research by the County Attorney for future application to the Ordinance), to include the County Attorney's new definitions, with modifications as a result of input from Commissioner Robinson, and amending Section Usage Hotels and Motels to state " the owner shall not reside in the unit for more than 12 weeks in any calendar year "; Recommended 5-0 (Continued on Page 21) (2) Authorize Planning and Legal staff, in association with the (Hotel/Motel) Industry to determine the best method to address the fractional share issue and provide a recommendation to the Board within 60 days; and 6/7/2007 Page 20 of 43 lfc

21 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 4. Continued C. Report of the May 22, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Continued B. Continued (3) Direct the County Attorney (to prepare, for consideration by the Planning Board, an Ordinance) to amend Section of the Land Development Code (LDC) to delete the last sentence in the first paragraph, which states, "Nothing in this section shall be construed so as to prohibit such leases from containing more restrictive provisions." Recommended 5-0 Speaker(s): Robert Emmanuel Joe Endry 6. Chairman White declared the C/W Meeting adjourned at 1:31 p.m. 6/7/2007 Page 21 of 43 lfc

22 GROWTH MANAGEMENT REPORT T. Lloyd Kerr, Director, Planning and Zoning I. PUBLIC HEARINGS 1. Rezoning Case Z Motion made by Commissioner Robinson, seconded by Commissioner Whitehead, and carried 4-0, with Commissioner Valentino absent, tabling until next month (to the July 19, 2007, Regular Board Meeting), the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on April 23, 2007: A. Review and either adopt, modify, or overturn the RHE s recommendation; and B. Authorize the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: Case Number: Z Location: 100 Block of South Chaseville Street Property Reference Number: 38-2S Property Size: 3.36 (+/-) acres From: C-1, Retail Commercial District (cumulative), High Density (25 dwelling units per acre), C-3, Warrington Commercial Overlay (OL) District To: C-2. General Commercial and Light Manufacturing District (cumulative) (25 dwelling units per acre), C-3, Warrington Commercial Overlay (OL) District FLU Category: C, Commercial Commissioner District: 2 Requested by: Tom Hammond, Hammond Engineering, Inc., Agent for Alexakos & Owens, LLC, Owners RHE Recommendation: Approval Staff Recommendation: Denial Speaker(s): Ann Costello Jonathan Owens Tom Hammond (Continued on Page 23) 6/7/2007 Page 22 of 43 lfc

23 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 2. 5:45 p.m. Public Hearing The Board took no action concerning the recommendation that the Board adopt an Ordinance to amend the Official Zoning Map to include Rezoning Case Z heard on April 23, 2007, by the Rezoning Hearing Examiner, and approved during the previous agenda item; and to provide for severability, inclusion in the Code, and an effective date (the Board was advised by Charles Dana Word, Planning and Zoning, that no action was needed for this Item). Speaker(s) None. 3. 5:47 p.m. Public Hearing Motion made by Commissioner Robinson, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, adopting an Ordinance (Number ) 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 Leslie Cole, Agent for Linda Hulley, Trustee, changing the Future Land Use (FLU) of 0.34 (+/-) acre located at 5621 Bauer Road, from Residential (R) to Commercial (C); providing for a title; a copy on file; severability; and an effective date. Speaker(s): Leslie Cole 6/7/2007 Page 23 of 43 lfc

24 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 4. 5:51 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 3-0, with Commissioner Valentino absent and Commissioner Robinson abstaining (and filing Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers), (adopting the RHE s recommendation and) approving ID-2 for the following Rezoning Case, pursuant to the Circuit Court s Order: Case Number: Z Location: 3008 Highway 95-A Property Reference Numbers: 21-1N , 21-1N , and 21-1N Property Size: (+/-) acres, corrected to exclude one parcel From: GID, Gateway Industrial District, and VM-2, Villages Mixed Residential/Commercial District (7 dwelling units per acre) To: ID-2, General Industrial District (non-cumulative) FLU Category: MU-6, Mixed Use Commissioner District: 5 Requested By: Pensacola Ready Mix, LLC Speaker(s): Lisa Wise Fagan R. Todd Harris Derreck Pearson 6/7/2007 Page 24 of 43 lfc

25 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA 1. Scheduling of Public Hearings Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 4-0, with Commissioner Valentino absent, scheduling the following three Public Hearings: A. 5:45 p.m. Thursday, July 19, 2007 A Public Hearing to amend the Official Zoning Map to include the following Rezoning Cases heard by the Rezoning Hearing Examiner (RHE) for Cases heard on May 21, 2007, and one Case heard on June 25, 2007: (1) Case Number: Z Location: 600 Block of Dog Track Road Property Reference Number: 25-2S Property Size: (+/-) acres From: SDD, Special Development District, low density (designed to conserve and protect environmentally sensitive areas) (3 dwelling units per acre), C-2, General Commercial and Light Manufacturing District (cumulative) (25 dwelling units per acre) To: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) FLU Category: LDR, Low Density Residential/C, Commercial Commissioner District: 1 Requested by: William L. Merrill, P.E., of Merrill Parker Shaw, Inc., Agent for TCP Development Corp. (Continued on Page 26) 6/7/2007 Page 25 of 43 lfc

26 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA Continued 1. Continued A. Continued (2) Case Number: Z Location: 600 Novak Road Property Reference Numbers: 14-1N and 14-1N Property Size: (+/-) acres From: VR-1, Villages Rural Residential Districts (1 dwelling unit per 4 acres) To: V-2A Villages Single-Family Residential (3 dwelling units per acre) FLU Category: MU-6, Mixed Use 6 Commissioner District: 5 Requested by: Charles L. Francoeur, Agent for James M. Coe, Owner (3) Case Number: Z Location: 8500 Block of North Davis Highway Property Reference Numbers: 14-1S and 14-1S (R-5 portion of parcels) Property Size: 3.41 (+/-) acres From: R-5, Urban Residential/Limited Office District (cumulative), High Density (18 dwelling units per acre) To: C-1, Retail Commercial District (cumulative) (25 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 4 Requested by: Jesse W. Rigby, Agent for Navy Federal Credit Union, Owner (Continued on Page 27) 6/7/2007 Page 26 of 43 lfc

27 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA Continued 1. Continued A. Continued (4) Case Number: Z (Remanded by the BCC on May 1, 2007) Location: 3181 Stefani Road Property Reference Number: 38-1N Property Size: 9.44 (+/-) acres From: VR-1, Villages Rural Residential Districts (1 dwelling unit per 4 acres) To: V-2, Villages Single-Family Residential (2 dwelling units per acre) FLU Category: MU-6, Mixed Use 6, Area 2 Commissioner District: 5 Requested by: R. Todd Harris, Agent for L.D.J. Development, Inc. B. 5:46 p.m. Thursday, July 19, 2007 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, amending Article 3, Definitions, of Campgrounds, to include temporary living quarters for commercial emergency purposes, as well as for commercial recreational purposes; and C. 5:47 p.m. Thursday, July 19, 2007 A Public Hearing to review and adopt an Ordinance for consistency with the County s Comprehensive Plan; the proposed Ordinance specifies that the Board of County Commissioners can determine that maintaining the zoning status quo serves a public purpose when the Board is presented with a Rezoning Request, as allowed by Board of County Commissioners v. Snyder, 627 So. 2d 469 (Fla. 1993). 6/7/2007 Page 27 of 43 lfc

28 COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA 1-8. Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried 4-0, with Commissioner Valentino absent, approving Consent Agenda Items 1 through 8, as follows: 1. Appointing John H. Matthews as a lay person to the Escambia County Contractor Competency Board, to serve a three-year term, effective June 7, 2007, to June 6, Scheduling a Public Hearing for 5:32 p.m., June 21, 2007, to consider adopting an Ordinance creating Article V, Chapter 102, Sections to , of the Escambia County Code of Ordinances; for the Escambia County Artificial Reef Permitting Program; providing for establishment of artificial reef permitting requirements by Resolution of the Board; providing for severability, providing for inclusion in the Code, and providing for an effective date. 3. Approving the street name Stevens Place for an unnamed private road that runs east off of the 7800 Block of Thomley Trail and 1,900 feet south of Mobile Highway. 4. Scheduling a Public Hearing for July 19, 2007, at 5:31 p.m., to consider the Petition to Vacate an alleyway, measuring 20 feet by approximately 227 feet = 4,540 square feet, or 0.10 acre, in Block 80 of Pinecrest Subdivision, as petitioned by AAA Thrifty Systems, Inc., and Virginia Van Meter. 5. Approving the street name Marciniak Drive for an unnamed private road that runs south off of the 8700 Block of Rebel Road and 370 feet east of Phelps Lane. 6. Taking the following action concerning the Workforce Investment Act Interlocal Agreement: A. Approving the Workforce Investment Act Interlocal Agreement between the Santa Rosa County Board of County Commissioners, the Escambia County Board of County Commissioners, and Workforce Escarosa, Inc., effective upon date of approval and continuing through June 30, 2010; and B. Authorizing the Chairman to sign the document. 6/7/2007 Page 28 of 43 lfc

29 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued 1-8. Approval of Various Consent Agenda Items 7. Taking the following action concerning the National Association of Counties (NACo) 2007 Credential (Voting) Identification Form: A. Designating Commissioner Marie Young as Escambia County s delegate; and B. Authorizing the Chairman to sign the NACo 2007 Credentials (Voting) Identification Form. 8. Taking the following action concerning the Escambia County Board of Commissioners Employees Sick Leave Pool Policy: A. Approving the Escambia County Board of Commissioners Employees Sick Leave Pool Policy for eligible employees, effective June 1, 2007; and B. Authorizing the Chairman to sign the Policy. II. BUDGET/FINANCE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried 4-0, with Commissioner Valentino absent, approving Consent Agenda Items 1 through 21, as follows, with the exception of Items 1, 6, and 16, which were held for separate votes, as amended to refer Item 9 to the July 10, 2007, Committee of the Whole Workshop: 1. See Page 39. 6/7/2007 Page 29 of 43 lfc

30 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 2. Taking the following action regarding the Hurricane Housing Recovery Program (HHRP) Transitional Housing Development Agreement with Hope Center for Teens, Inc.: A. Approving an Agreement with Hope Center for Teens, Inc., committing a maximum of $120,000 in HHRP funds to assist with financing the construction of two new transitional housing units, for homeless women and women with children, located at the southwest corner of East Pinestead Road and Lucy Street in Escambia County (Fund 120/HHRP ); and B. Authorizing the Chairman or Vice Chairman to execute the Agreement and the County Administrator to execute related construction Contracts and all project-related documents as may be required to complete the project. 3. Taking the following action concerning the Fiscal Year Edward Byrne Memorial Justice Assistance Grant (JAG) Program, in the amount of $144,407, for the following projects: A. Approving the following Subgrant Applications to be submitted for funding under the Edward Byrne Memorial JAG Program administered by the Florida Department of Law Enforcement: (1) ESCAMBIA COUNTY SHERIFF S OFFICE The Sheriff s Office is seeking to continue funding for sworn officers in the Increased Law Enforcement Project in communities where high crime rates continue to be a problem; the amount of the Grant Request is $100,000; (2) ESCAMBIA COUNTY DRUG COURT TREATMENT PROGRAM The Court Administrator s Office is seeking funding for treatment services for eight offenders; the amount of Grant Request is $28,000; and (Continued on Page 31) 6/7/2007 Page 30 of 43 lfc

31 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 3. Continued A. Continued (3) PENSACOLA JUNIOR COLLEGE POLICE DEPARTMENT The Pensacola Junior College Police Department is seeking funding for weapons standardization and video surveillance in order to improve officer safety and the safety to the community they serve; the amount of the Grant request is $16,407; and B. Authorizing the Chairman, as the County s representative, to sign the Subgrant Applications, acceptance documents, amendments, and requests for payment, or other related documents, as may be required. 4. Adopting the Resolution (R ) approving Supplemental Budget Amendment Number 286, Other Grants and Projects (Fund 110), in the amount of $333,957, to recognize Grant proceeds from the State of Florida and the Florida Department of Education, and appropriate these funds for the Summer Food Feeding Program in Escambia County. 5. Adopting the Resolution (R ) approving Supplemental Budget Amendment Number 289, Disaster Recovery Fund (112), in the amount of $7,307,000, to recognize proceeds from the Federal Emergency Management Agency and the State of Florida, and to appropriate these funds for disaster recovery costs associated with the demolition/rebuilding of the (Pensacola Bay Bridge) fishing pier. 6. See Page 40. 6/7/2007 Page 31 of 43 lfc

32 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 7. Taking the following action concerning an Amendment to the Pensacola Civic Center Management Services Agreement with SMG: A. Approving an Amendment to the Contract with SMG accepting the acquisition of SMG by American Capital and a change to Section 5.6, as follows: In the event of the expiration or termination of this Agreement, or any renewal thereof, at anytime prior to the full amortization of the Capital Contribution, the unamortized balance of the Capital Contribution shall be paid by the County to the successor management company SMG, unconditionally and without set-off, on the date of such termination or expiration. B. Authorizing the County Administrator to sign a letter acknowledging the County s consent to the sale of SMG to American Capital and waiver of termination. 8. Taking the following action concerning the surplus and sale of real property located at 1580 Lepley Road: A. Declaring surplus the Board s real property Account Number , Reference Number 23-1S , acquired by quitclaim in 1983 from the Department of Transportation; a legal notice will be posted in the Pensacola News Journal for two weeks stating that the County will be accepting bids by sealed bid; B. Authorizing the sale of this property to the highest offer received from sealed bid above the minimum bid of $15,000 for the western parcel and $10,000 for the eastern parcel, in accordance with Section of the Escambia County Code of Ordinances, without further action of the Board; and C. Authorizing the Chairman to sign all documents related to the sale. 6/7/2007 Page 32 of 43 lfc

33 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 9. Referring to the July 10, 2007, Committee of the Whole Workshop, the recommendation that the Board take the following action concerning the conveyance of real property to the City of Pensacola in exchange for full ownership of the parking garage located on Intendencia Street: A. Adopt an Interlocal Agreement with the City of Pensacola Community Redevelopment Agency providing for the transfer of their interest in the parking garage located on the northeast corner of Baylen and Intendencia Streets, in consideration for the conveyance of the real property identified in Section B of this Recommendation, plus an additional $1,991,600 to be paid in equal annual installments of $995,800 over the next two years; the installments are to be paid on January 15, 2008, and January 15, 2009; B. Adopt a Resolution authorizing the conveyance of surplus real property identified in the Resolution and further identified as 150 South Baylen Street, Account Number ; 120 West Government Street, Account Number ; and 216 North A Street, Account Number ; and C. Authorize the Chairman to execute all documents necessary to complete these transactions. 10. Taking the following action concerning the Optional Workfare (FSET) Program: A. Approving the letter (to the Agency for Workforce Innovation) requesting continuation of the Optional Workfare (Food Stamp Employment and Training [FSET]) Program; B. Approving the Optional Workfare (FSET) Program (State of Florida, Agency for Workforce Innovation) Contract # M8001, beginning July 1, 2007, through June 30, 2008, between the Agency for Workforce Innovation and the Escambia County Board of County Commissioners, in the amount of $420,309; and C. Authorizing the chairman to sign the Contract and the Optional Workfare Program renewal letter. 6/7/2007 Page 33 of 43 lfc

34 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 11. Taking the following action concerning a Preliminary Engineering Agreement with CSX Transportation, Inc., (CSXT) (Funding Source: Fund 351, Local Option Sales Tax II, Account /56301): A. Approving the Preliminary Engineering Agreement, CSXT OP# FL 0428, CSXT AFE No. 2 L 02008, between CSX Transportation, Inc., and the Escambia County Board of Commissioners, for CSXT to design a signal crossing on Johnson Avenue and for reimbursable expenses for the design, as part of the Ensley Drainage Project Phase II, subject to Legal review and sign-off; B. Allocating $35,000 for the reimbursable expenses to CSXT for the design; C. Authorizing the Chairman or Vice Chairman to sign the Agreement; and D. Designating the County Engineer as administrator over this Agreement and all related documents as required to implement the Agreement and provisions thereof. 12. Taking the following action concerning the acquisition of property for the Ten Mile Road at Chemstrand Road Intersection Improvement Project (Funding Source: Fund 351, Local Option Sales Tax Extension, Account /56301 and 56101): A. Authorizing staff to negotiate and resolve any matters related to, or associated with, the acquisition of property on, or adjacent to, the above roads, 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 and its citizens benefit from these acquisitions by reducing traffic delays, increasing the level of service, and providing greater safety for the motorist, which will enhance the quality of life for the citizens of Escambia County; (Continued on Page 35) 6/7/2007 Page 34 of 43 lfc

35 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 12. Continued 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. 13. Approving the following Purchase Orders on Contract PD , Escambia County General Paving and Drainage Agreement, concerning Hurricane Ivan Projects (Funding Source: Fund 112, Disaster Recovery Category C, Ivan Road Systems, Account /56301): A. Purchase Order to Roads, Inc., of NWF, in the amount of $147,133.26, Work Order PD G, for Mai Kai Drive; and B. Purchase Order to Roads, Inc., of NWF, in the amount of $55,513.00, Work Order PD F, for Alekai Drive and Plumiera (Plumeria) Place. 6/7/2007 Page 35 of 43 lfc

36 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 14. Approving, and authorizing the County Administrator to execute, the following Change Orders (Funding Source: Fund 175, Transportation Trust, Account , Object 55301): A. Department: Escambia County Road Department Type: Addition Amount: $200,000 Vendor: APAC-Florida, Inc. Project Name: Shoulder Paving On Highway 99 Contract: PD Purchase Order Number: Change Order Number: 3 Original Award Amount: $ 40,000 Cumulative Amount of Change Order through Number 3: $270,000 New Purchase Order Total: $310,000 B. Department: Escambia County Road Department Type: Addition Amount: $125,000 Vendor: Roads Inc., of NWF Project Name: Highway 99 Completion and General Maintenance Contract: PD Purchase Order Number: Change Order Number: 1 Original Award Amount: $ 4,900 Cumulative Amount of Change Order through Number 1: $125,000 New Purchase Order Total: $129,900 6/7/2007 Page 36 of 43 lfc

37 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 15. Awarding a Contract for consulting services to prepare a Habitat Conservation Plan (HCP), PD , HCP Perdido Key Drive, to PBS&J (Post, Buckley, Schuh & Jernigan), in the amount of $425,570 (Funding: Fund 351, Local Option Sales Tax II, and Fund 110, Other Grants and Projects). 16. See Page Awarding a twelve-month Contract and a Purchase Order, in the amount of $123,602, for one 2008 Mack CTP713B Chassis with a Beck Industrial concrete mixer body, for the Road Department as a replacement unit for Property #51046, to Gulf Coast Truck & Equipment Co., Inc., for the Purchase of Concrete Mixer Truck, PD , in accordance with the terms and conditions of the solicitation, with funding available from Fund 175 (Transportation [Trust] Fund), Cost Center Approving a 25% price increase on the fertilizing portion, only, of the Contract with Gulf Star Contracting, Inc., for Large Machine Mowing, PD , in accordance with the terms and conditions of the solicitation and annual appropriation of funds; funding is available from Fund 401 (Solid Waste Fund), Cost Centers and Taking the following action for the sale of recyclable paper stock from the Solid Waste Management Department: A. Awarding a three-year Contract to Sumrall Recycling Services for: Item 1 Hard White Shavings Mix; Item 2 Mixed Paper; Item 3 OCC; Item 5 Sorted White Ledger; and Item 6 Telephone Directories, in accordance with the terms and conditions of the solicitation, Contract for the Sale of Recyclable Paper Stock, PD , with revenue being deposited to Fund 401 (Solid Waste Fund); and B. Awarding a three-year Contract to Armstrong World Industries, Inc., for Item 4 ONP, in accordance with the terms and conditions of the solicitation, Contract for the Sale of Recyclable Paper Stock, PD , with revenue being deposited to Fund 401 (Solid Waste Fund). 6/7/2007 Page 37 of 43 lfc