Chairman Whitehead called the Public Forum Work Session to order at 4:34 p.m.

Transcription

1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD SEPTEMBER 7, 2006 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (4:34 p.m. 8:03 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 4:34 p.m. 1. FOR INFORMATION: The Board heard comments from Ronald H. Lock and Ronald L. Radford concerning an increase in their property taxes. 2. FOR INFORMATION: The Board heard comments from Robert C. Paul concerning the policy of Emerald Coast Utilities Authority that does not allow homeowners to shut off their water. 3. FOR INFORMATION: The Board heard comments from L. Gary Sansing concerning the issues discussed during Public Forum and other various County issues. 4:57 P.M. PUBLIC FORUM ADJOURNED 7:04 P.M. REGULAR BOARD MEETING CONVENED 9/7/2006 Page 1 of 65 lfc

2 REGULAR BCC AGENDA 1. Call to Order Chairman Whitehead called the Regular Meeting of the Board of County Commissioners to order at 7:04 p.m. 2. Invocation Chairman Whitehead advised that Reverend Fillmore Enfinger, Ray s Chapel Baptist Church, would deliver the Invocation. 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 Whitehead s two add-on items, one concerning the Public Safety Medical Director for Escambia County and one concerning a letter from Janet Holley concerning extension of the 2006 Ad Valorem Property Tax Roll, and Addendum #1 to the County Attorney s Report (Items I-5 and I-6). 9/7/2006 Page 2 of 65 lfc

3 REGULAR BCC AGENDA Continued 5. Proclamations Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning the adoption/ratification of the following five Proclamations: A. Adopting the Proclamation extending heartfelt thanks and appreciation to Eilene Beard, Jackie Burkett, W. Leo Choron, Jon Dodrill, the late Admiral Jack Fetterman, Mayor John Fogg, Congressman Jeff Miller, Dr. Edwin Roberts, Ed Schroeder, Donald L. Sigman, and Alan Woolford for their contribution to the citizens of Escambia County by supporting the acquisition and deployment of the Ex-Oriskany as an artificial reef; B. Adopting the Proclamation extending heartfelt thanks and appreciation to the Florida Fish and Wildlife Conservation Commission for their contribution to the citizens of Escambia County by supporting the acquisition and deployment of the Ex-Oriskany as an artificial reef; C. Adopting the Proclamation extending heartfelt thanks and appreciation to Okaloosa County for their contribution to the citizens of Escambia County by supporting the acquisition and deployment of the Ex-Oriskany as an artificial reef; D. Adopting the Proclamation proclaiming September 23, 2006, as Family Day A Day to Eat Dinner with your Children in Escambia County; and E. Ratifying the Proclamation dated August 16, 2006, commending and congratulating Bishop Arthur L. Fletcher on his 23rd Anniversary at the Calvary Christian Center. 9/7/2006 Page 3 of 65 lfc

4 REGULAR BCC AGENDA Continued 6. Presentation of Plaques The Board witnessed the presentation of Plaques recognizing the following representatives to the Enterprise Zone Development Agency (EZDA) Board: A. Clifford Long, for his dedicated services as a representative for the Palafox Redevelopment Area to the EZDA Board of Escambia County from January 6, 2005, to September 9, 2006; and B. Janice Boone, for her dedicated services as a representative for the Local Financial Entities to the EZDA Board of Escambia County from September 18, 2003, to September 9, Employee of the Month Proclamations/Years of Service/Employee Special Recognition Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving Items A and B, as follows: A. Adopting the two Proclamations commending and congratulating the following employees for being selected as Employees of the Month for September 2006: (1) Mr. David R. Blair, Heavy Equipment Mechanic, Fleet Maintenance Division, Road Department, Community Services and Public Safety Agency; and (2) Ms. Rebecca A. McMullen, Accountant I, Administration Division, Neighborhood and Environmental Services Department, Public Works and Land Management Agency; and B. Recognizing, with pins and certificates, the following employees for their dedication and years of the service to the County: (1) Peter J. Smith, Human Resources Department, 25 years; and (2) Angela B. Holbrook, Office of Purchasing, 25 years. (Continued on Page 5) 9/7/2006 Page 4 of 65 lfc

5 REGULAR BCC AGENDA Continued 7. Continued Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, approving Item C, as follows: C. Taking the following action concerning employee recognition: (1) Commending and congratulating Beth Bolles, Horticulture Extension Agent, on her Achievement Award (less than ten years of service in the Cooperative Extension Service) from the National Association of County Agricultural Agents; and (2) Commending and congratulating Libbie Johnson, Agriculture/Aquaculture Extension Agent, on her Public Relations in Daily Efforts (PRIDE) Award 2006, for the Escambia County Inaugural Farm Tour, from the National Association of County Agricultural Agents. 9/7/2006 Page 5 of 65 lfc

6 REGULAR BCC AGENDA Continued 8. Written Communication A. Nuisance Abatement Lien Walter Mortgage Servicing, Incorporated Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving to waive the accumulated interest on an outstanding Nuisance Abatement Lien against property located at 2506 North Baylen Street (recorded in Official Records Book 2447, Page 533), relative to a communication dated August 11, 2006, from Vance Nelson, Property Administrator, Walter Mortgage Servicing, Incorporated. B. Code Enforcement Lien Susan L. Register The Board heard comments from Kerry Anne Schultz, Esquire, Bordelon & Schultz Law Firm, P.L., on behalf of Susan L. Register, relative to a communication dated August 14, 2006, requesting that the Board consider waiving the remaining balance of a Code Enforcement Lien against property located at 3707 West Mallory Street, and the Board heard the request from Commissioner Whitehead that this issue be addressed at the September 21, 2006, Board Meeting, with the total amount to be provided at that time. C. Issuance of Bonds by the HFA Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting a Resolution extending the Board s approval of the issuance of the Bonds (not-to-exceed $34,000,000, Revenue Bonds for three new apartment complexes) by the Escambia County Housing Finance Authority (HFA) to constitute the approval of the financing for the purposes of Section 147(f) of the Internal Revenue Code and County Ordinances, as recommended by Gordon R. Jernigan, Executive Director, HFA. 9/7/2006 Page 6 of 65 lfc

7 REGULAR BCC AGENDA Continued 9. Proofs of Publication Motion made by Commissioner White, seconded by Commissioner Young, 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 (the 5:45 p.m. Public Hearing was not advertised and will be rescheduled): A. The following nine Public Hearings on the agenda: (1) The 5:31 p.m. first Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, to receive public input on the proposed Resolution designating 3517 Old Fairfield Drive as a brownfields area; (2) The 5:32 p.m. Public Hearing, advertised in The Escambia Sun-Press on August 17, 2006, for consideration of a Petition to Vacate a portion of Jakes Road, as petitioned by Kent Sherrill; (3) The 5:46 p.m. Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, for consideration of Small Scale Amendment ; (4) The 5:47 p.m. Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, for consideration of Small Scale Amendment ; (5) The 5:48 p.m. Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, and on August 30, 2006 (Revised Notice) for consideration of Small Scale Amendment ; (6) The 5:49 p.m. Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, for consideration of the development plan for Gulley Estates Subdivision; (Continued on Page 8) 9/7/2006 Page 7 of 65 lfc

8 REGULAR BCC AGENDA Continued 9. Continued A. Continued (7) The 5:50 p.m. second Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, for consideration of adopting an Ordinance amending Article 3 and Article 6 of the Escambia County Land Development Code; (8) The 5:51 p.m. Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, for consideration of adopting an Ordinance amending the Flood Insurance Rate Map revision date and adding and modifying definitions related to datums.; and (9) The 5:52 p.m. Public Hearing, advertised in the Pensacola News Journal on August 27, 2006, for consideration of adopting a Hotel/Motel Unit Ordinance; and (Continued on Page 9) 9/7/2006 Page 8 of 65 lfc

9 REGULAR BCC AGENDA Continued 9. Continued B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule September 4 September 8, 2006 Legal No , as published in the Pensacola News Journal on September 3, 2006, as follows: September 4 HOLIDAY/Labor Day September 6 8:00 a.m. Incident Review Board September 6 9:00 a.m. Construction Industry Competency Board September 6 9:00 a.m. Special Board of County Commissioners Attorney- Client Session September 6 1:00 p.m. Development Review Committee September 6 3:30 p.m. Citizens Environmental Committee September 6 5:00 p.m. Santa Rosa Island Authority September 7 9:00 a.m. Community Redevelopment Agency Board September 7 9:05 a.m. Agenda Work Session September 7 4:00 p.m. Board of County Commissioners Attorney-Client Session September 7 4:30 p.m. Board of County Commissioners Public Forum September 7 5:00 p.m. SRIA Committee to Address Enclosures Below the Base Flood Elevation September 7 5:01 p.m. Board of County Commissioners 1st Public Hearing to adopt FY 2006/2007 Annual Budget September 7 5:02 p.m. Board of County Commissioners Public Hearing to adopt FY 2006/2007 Non-Ad Valorem Assessment Roll September 7 5:30 p.m. Board of County Commissioners Public Hearings & Reports NEXT WEEK S NOTE: September 11 8:30 a.m. Planning Board September 11 1:00 p.m. FL-AL Transportation Planning Organization: Technical Coordinating September 11 3:30 p.m. FL-AL Transportation Planning Organization: Citizens Advisory September 11 5:00 p.m. District 5 Hall Meeting re: Old Molino School Property September 11 5:30 p.m. Marine Advisory Committee 9/7/2006 Page 9 of 65 lfc

10 REGULAR BCC AGENDA Continued 10. 5:31 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, taking the following action regarding designating 3517 Old Fairfield Drive as a brownfields area: A. Ratifying the scheduling and advertising of the first of two Public Hearings to receive public input on the proposed Resolution on September 7, 2006, at 5:31 p.m.; B. Conducting the first of two Public Hearings to receive public input on the proposed Resolution designating 3517 Old Fairfield Drive, Pensacola, Florida 32505, as a brownfields area within the Englewood Redevelopment Area, for the purposes of economic development and environmental rehabilitation; and C. Approving the scheduling and advertising of the second of two Public Hearings on September 21, 2006, at 5:32 p.m., to receive public input on the proposed Resolution. Speakers None :32 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, denying the Petition to Vacate a portion of Jakes Road (approximately 2,600 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. Speakers None. 9/7/2006 Page 10 of 65 lfc

11 CLERK OF COURTS & COMPTROLLER S REPORT Honorable Ernie Lee Magaha, Clerk of the Circuit Court & Comptroller I. CONSENT AGENDA 1-4. Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, approving Consent Agenda Items 1 through 4, as follows: 1. Accepting, for filing with the Board's Minutes, the following four Reports prepared by the Clerk's Finance Department: A. Payroll Expenditures as of Payday August 25, 2006, in the amount of $1,907,213.42; and B. The following three Disbursement of Funds: (1) August 10, 2006, to August 16, 2006, in the amount of $15,373,524.43; (2) August 17, 2006, to August 23, 2006, in the amount of $4,336,840.33; and (3) August 24, 2006, to August 30, 2006, in the amount of $5,353, Approving Records Disposition Document Number 370, for disposition of Board of County Commissioners= records, Item 4a, Minutes: Official Meetings (Audio/Visual Recordings), for the period January 1, 1984, through December 31, 1995, in accordance with State Retention Schedule GS1. 9/7/2006 Page 11 of 65 lfc

12 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Various Consent Agenda Items Continued 3. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk's Office: A. The original Oath of Office for Nell W. Potter, who was reappointed to the Escambia County Health Facilities Authority for another four-year term commencing August 22, 2006, and concluding August 21, 2010, as received in the Clerk to the Board's Office on August 11, 2006; B. The original Amendment No. 1 to Contract with the Florida Fish and Wildlife Conservation Commission, terminating the Contract Installation and Maintenance of Waterway Markers, approved by the Board on January 6, 2005, as executed by the Chairman on July 5, 2006, and provided to the Clerk to the Board's Office on August 21, 2006; C. A copy of the Escambia County Health Facilities Authority Financial Statements, September 30, 2005, as provided by Paula G. Drummond, Executive Director, and received in the Clerk's Finance Department on August 22, 2006; D. A copy of the Emerald Coast Utilities Authority (ECUA) Proposed Operating Budget for the Fiscal Year 2007, and the Proposed Capital Improvements Program Budget for Fiscal Years , as submitted to the Clerk of the Circuit Court by Debra Buckley, Director of Finance, ECUA, and received in the Clerk to the Board's Office on August 30, 2006; and E. Copies of the Minutes of the Santa Rosa Island Authority's July 12, 2006, Regular Board Meeting and the August 2, 2006, Special Board Meeting. 9/7/2006 Page 12 of 65 lfc

13 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 August 17, 2006; B. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work Session held August 17, 2006; and C. Accepting, for filing with the Board s Minutes, the Report of the Committee of the Whole Workshop held August 10, 2006, as follows: AGENDA NUMBER 1. Call to Order Chairman Whitehead called the Committee of the Whole to order at 9:01 a.m. 2. Was the Meeting Properly Advertised? The C/W was advised by Patricia L. Sheldon, Clerk s Administrator of Financial Services, that the meeting was advertised in the Pensacola News Journal on Sunday, August 6, 2006, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule August 7-August 11, 2006, Legal Number (Continued on Page 14) 9/7/2006 Page 13 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 3. Florida LambdaRail A. Discussion The C/W viewed a PowerPoint Presentation entitled Florida LambdaRail Strategic Infrastructure for a Flattening World, also provided in hard copy, by Michael Dieckmann, concerning the fiber optic infrastructure to serve education, research, and economic development efforts within the County, which can be implemented in phases in cooperation with other projects, such as, the (Florida) Department of Transportation; and 4. Litter Control Enforcement A. Discussion The C/W discussed the illegal dumping of litter in the County, and the C/W: (Continued on Page 15) (1) Was advised by County Attorney Lander that the Florida Litter Law provides for a combination of both criminal and civil penalties, depending on the type of litter, beginning at a $100 fine and graduating up to a felony level; and (2) Was advised by Charles Walker, Chief, Code Enforcement, that Code Enforcement Officers who have been through the Sheriff s Law Enforcement Academy are allowed to issue citations to operators of commercial vehicles for violations of Chapter 403, Florida Statutes, the Florida Litter Law; and 9/7/2006 Page 14 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 4. Continued B. Board Direction The C/W heard from the request from Commissioner Whitehead that the County Attorney prepare a Resolution to designate Code Enforcement Officers the authority to enforce the provisions of the Florida Litter Law (Section , Florida Statutes). 5. Escambia County Area Transit (ECAT) Funding County Versus City A. Discussion The C/W discussed ECAT funding County versus City, and the C/W: (Continued on Page 16) (1) Was advised by Bob Blandine, ECAT, that based on the City of Pensacola s proposed funding formula for the operation of ECAT, the City would receive an additional benefit of approximately of $170,000 from the State and Federal contributions, and the City's funding share would be 25%, or $720,000, for Fiscal Year , while 68% of the ridership is attributed to City residents; (2) Was advised by County Administrator Touart that the County's proposal for Fiscal Year is 68% County funding and 32% City funding; and (3) Was advised by Commissioner Whitehead that the Board s position should be that either the City agree to the (County's) original funding scenario, or the service can be curtailed or the cost for City residents increased; and 9/7/2006 Page 15 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 5. Continued B. Board Direction The C/W heard the request from Commissioner Whitehead that staff investigate alternative funding scenarios, assuming the City does not agree to the County s funding proposal, and continue to negotiate with the City in an effort to resolve this issue 6. Library Issues A. Discussion The C/W discussed Library issues, and the C/W: (1) Was advised by County Administrator Touart that staff is working toward an agreement with the City of Pensacola for the County to take over the Library System, with a County-wide Library System to be in place within the next year; and (2) Was advised by Commissioner Whitehead that the $50-per year surcharge the City of Pensacola currently assesses Santa Rosa County residents to use the Library will become a County issue once the County assumes the Library System; and B. Board Direction None. (Continued on Page 17) 9/7/2006 Page 16 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 7. Perdido Key Beach Mouse (PKBM) Permit Issues Update A. Discussion The C/W viewed a PowerPoint presentation by Keith Wilkins, Director, Neighborhood and Environmental Services Department, outlining the status of 73 projects on Perdido Key that have been evaluated by the U. S. Fish and Wildlife Service (FWS), the (Perdido) Key-wide Incidental Take Permit/Habitat Conservation Plan (HCP), and the benefits to the County for a Perdido Key HCP, and the C/W: (Continued on Page 18) (1) Was advised by Commissioner Dickson that a development order and a building permit can be issued for projects that do not impact the PKBM habitat; whereas, for developments that impact PKBM habitat, a development order can be issued, but citizens must go through the FWS mediation process before a building permit can be issued; (2) Heard the request from Commissioner Whitehead that Mr. Wilkins confer with County Attorney Lander concerning the possibility of incorporating the HCP into the Coastal Management Program that is being required by the State Growth Management Act, and 9/7/2006 Page 17 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 7. Continued A. Continued (3) Was advised by Mr. Wilkins that: (a) Staff has been assured that the County will receive funds from the FWC to develop an HCP, which will cost $200,000 to $250,000; and (b) Staff will further evaluate the possibility of developing a County HCP, and provide a recommendation to the Board at a later date; and B. Board Direction None. (Continued on Page 19) 9/7/2006 Page 18 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 8. Neighborhood Services Task Force Update A. Discussion The C/W discussed the Neighborhood Services Task Force Update and the C/W: (Continued on Page 20) (1) Received the Information Report dated August 10, 2006, and the four-page Neighborhood Service Task Force Recommendation Update, which details the status of recommendations concerning the following issues, from Keith Wilkins, Director, Neighborhood and Environmental Services Department (NESD): (a) County Organization (b) Codes and Ordinances (c) Education (d) Neighborhood Development Incentives (e) Partnership (f) Routine Maintenance (2) Upon inquiry from Commissioner Dickson, was advised by County Administrator Touart that he has discussed with Stephen Sorrell, Executive Director, Emerald Coast Utilities Authority (ECUA), the potential cost for ECUA to assist the County with trash collection; and (3) Upon inquiry from Commissioner White, was advised by County Attorney Lander that the Board can amend the geographic application of the Ordinance relating to inoperable (abandoned) vehicles; and 9/7/2006 Page 19 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 8. Continued B. Board Direction The C/W was advised by Commissioner Whitehead that the consensus of the Board is to implement summary abatement provisions and heard his request that Mr. Wilkins coordinate with the County Attorney to draft an Ordinance providing for summary abatement for discussion at the next (September 14, 2006) C/W Meeting. 9. Enhanced Neighborhood Protection Zone/Municipal Services Benefit Unit Issue A. Discussion The C/W discussed the Enhanced Neighborhood Protection Zone (ENPZ)/Municipal Services Benefit Unit Issue (MSBU), and the C/W: (Continued on Page 21) (1) Was advised by Commissioner White that the MSBU approach should not apply to the three neighborhoods in the ENPZ process, Belle Meadow, Scenic Hills, and Star Lake, but should be applied to future ENPZs; (2) Upon inquiry from Commissioner Whitehead regarding the issues the County will regulate in the ENPZs, was advised by Keith Wilkins, Director, Neighborhood and Environmental Services Department, that staff is working with the neighborhoods to develop a line-item list, from which the Board can eliminate any issues it deems appropriate to eliminate; and 9/7/2006 Page 20 of 65 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 9. Continued A. Continued (3) Was advised by Sandra Sam Slay that, subsequent to the last C/W Meeting at which this issue was discussed, the three neighborhoods in the ENPZ process had refined their lists of issues; and B. Board Direction The C/W heard the request from Commissioner Whitehead that the County Attorney's Office prepare, and provide for the Board s consideration, as quickly as possible, an Ordinance amending the process to require future ENPZs to voluntarily create MSBUs. 10. Clarification of I-110 Extension Direction from BCC to Staff A. Discussion The C/W discussed clarification of I-110 Extension direction from BCC to staff, and the C/W: (Continued on Page 22) (1) Was advised by Larry Newsom, Engineering, that the Florida Turnpike Authority would conduct a feasibility study, which could be completed within 12 to 18 months, at no cost to the County, to determine the appropriate location for the I-110 extension; (2) Heard a motion by Commissioner Banjanin that the Board stop any further consideration of a road extension going north and south from Highway 29 east; 9/7/2006 Page 21 of 65 lfc

22 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 10. Continued A. Continued (Continued on Page 23) (3) Was advised by Commissioner Banjanin that the Florida Department of Transportation is considering the future widening of Highway 29 from four to six lanes; (4) Heard a motion by Commissioner Dickson that the Board adopt a Resolution that requests the Florida Turnpike Authority to conduct a feasibility study of the area from Scenic Highway from the Escambia County Bridge area to the (Alabama) State line; (5) Heard a motion by Commissioner Dickson that the Board request staff to draft a Resolution requesting the Florida Turnpike Authority to conduct a feasibility study from somewhere around Beulah Road to somewhere east of Davis Highway and bring the facts back to the Board; and (6) Upon inquiry from Commissioner White, was advised by Mr. Newsom that Florida Statutes require Public Hearings to be conducted as part of the feasibility study; and 9/7/2006 Page 22 of 65 lfc

23 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 10. Continued B. Board Direction The C/W recommends the Board approve dropping the I-110 Extension issue from this month's discussion (agenda Item 10, August 10, 2006, C/W Workshop [at its Meeting held May 4, 2006, the Board approved the April 13, 2006, C/W recommendation to direct staff to review the Scopes of Work for the Project Development and Environmental Study with Engineering firms, and allow staff to conduct preliminary discussions with the Florida Turnpike Authority regarding the possibility of proceeding with the development of a north/south corridor, relative to discussion during which the C/W viewed a PowerPoint Presentation, entitled "Escambia County Expressway," by Charles Carlan, Hatch Mott MacDonald, and Rod Kendig, Baskerville-Donovan, Inc.]). 11. Large Parcel Subdivision Exceptions A. Discussion The C/W viewed a PowerPoint Presentation, also provided in hard copy, entitled Large Parcel Exemption Article Planning Board Workshop May 22, 2006, by Peter Aluotto, Director, Planning and Zoning, and was advised by Mr. Aluotto that staff recommends the large parcel exemption be removed from the Land Development Code, since there is no benefit to the County for the exemption; and B. Board Direction None. (Continued on Page 24) 9/7/2006 Page 23 of 65 lfc

24 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 12. Subdivision Regulations A. Discussion The C/W viewed a PowerPoint Presentation, also provided in hard copy, entitled Subdivision Design Guidelines LDC/DRC Roundtable June 29, 2006, by Peter Aluotto, Director, Planning and Zoning, and was advised by Mr. Aluotto that staff would like to work with builders and developers and revise the Subdivision Regulations to require certain standards, such as, sidewalks, street lights, landscaping and entrance signs, underground utilities, and open space, etc., to improve quality of life and create values that will endure, with the understanding that waivers might need to be created for affordable housing developments; and B. Board Direction None. 13. Family Conveyance A. Discussion The C/W viewed a PowerPoint Presentation, also provided in hard copy, entitled Family Conveyance Provision, by Peter Aluotto, Director, Planning and Zoning, and was advised by Mr. Aluotto that staff s conclusions and recommendations are as follows: (Continued on Page 25) (1) Remove, in its entirety, the family conveyance exemption provision; or (2) Require that all lots created by family conveyance comply with all zoning and subdivision regulations; and 9/7/2006 Page 24 of 65 lfc

25 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 13. Continued A. Continued (3) Allow the family conveyance provision only within the agricultural zoning districts where large land holdings are more common; and B. Board Direction None. 14. Unplatted Subdivisions A. Discussion The C/W viewed a PowerPoint Presentation, also provided in hard copy, entitled Unplatted Subdivision Article Ordinance No , by Peter Aluotto, Director, Planning and Zoning, and was advised by Mr. Aluotto that reverting to the Minor Subdivision Regulations (deleted with the adoption of Ordinance on July 6, 2000) could result in an expedited development review process; and B. Board Direction None. (Continued on Page 26) 9/7/2006 Page 25 of 65 lfc

26 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 15. Old Molino School Project A. Discussion The C/W discussed the possibility of renovating the Old Molino School property as a multi-use community center, and the C/W: (1) Was advised by Commissioner Whitehead that renovation of the facility could cost as much as new construction; (2) Was advised by John Hartman, Director, Facilities Management, that the cost for construction of two community centers currently under construction is approximately $250 per square foot; and (3) Was advised by Commissioner White that he would prefer to construct a new facility, as opposed to renovating the old facility; and B. Board Direction None. 16. County Cleanup Program Approval A. Discussion The C/W viewed a PowerPoint presentation, also provided in hard copy, entitled Cleaning up the County Proposed Program, by Robert R. Bob McLaughlin, Assistant County Administrator, and was advised by Mr. McLaughlin that the proposed program dovetails with the Neighborhood Services Plan and the recommendations of the Neighborhood Services Task Force; and B. Board Direction None. (Continued on Page 27) 9/7/2006 Page 26 of 65 lfc

27 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 17. Pet Friendly Evacuation Shelters A. Discussion The C/W heard a motion by Commissioner Banjanin that staff investigate and begin preliminary planning for Pet Friendly Evaluation shelters, since the U. S. Senate passed a Bill on August 3, 2006, that requires State and Local governments have a plan to take care of pets and service animals if there is a disaster; and B. Board Direction The C/W was advised Commissioner Whitehead that this issue can be discussed at a later date, after the Federal Government has developed standards. 18. Add-on Policy A. Discussion The C/W discussed amending the Board s Add-on Policy, Section I.A.2, and the C/W: (Continued on Page 28) (1) Was advised by County Attorney Lander that the existing Policy does not specify which items can be added to the Agenda; (2) Was advised by Commissioner Whitehead that the existing Policy allows Department Heads to request individual Commissioners to add items to the Agenda; however, the County Administrator should sign off on any items added; and 9/7/2006 Page 27 of 65 lfc

28 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 August 10, 2006, C/W Workshop Continued AGENDA NUMBER Continued 18. Continued A. Continued (3) Was advised by County Attorney Lander that she will prepare a Resolution amending the existing Policy, for the Board s consideration at a later date; and B. Board Direction None. 19. Adjournment Chairman Whitehead declared the Meeting adjourned at 12:26 p.m. 9/7/2006 Page 28 of 65 lfc

29 GROWTH MANAGEMENT REPORT Peter Aluotto, Director, Planning and Zoning I. PUBLIC HEARINGS 1. Rezoning Cases No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Board on March 17, 2005 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for October 5, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (1) Case Number: Z Location: 5104 North W Street (rescheduled to October 5, 2006, BCC, per Agent) 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 RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 29) 9/7/2006 Page 29 of 65 lfc

30 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for September 21, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (2) Case Number: Z Location: 133 East Johnson Avenue Property Reference Number: 21-1S Property Size: 0.96 (+/-) 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, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 30) 9/7/2006 Page 30 of 65 lfc

31 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for September 21, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (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: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Wiley C. Buddy Page, Agent for William H. Dean, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 31) 9/7/2006 Page 31 of 65 lfc

32 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for September 21, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (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, Area 3 Commissioner District: 5 Requested by: W. R. Ward, Agent for B.K. Investments, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 32) 9/7/2006 Page 32 of 65 lfc

33 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for September 21, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (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: Neil Patel, Agent for PK Garg Family, LLC, Owner RHE Recommendation: Denial Staff Recommendation: Denial Speaker(s) None. (Continued on Page 33) 9/7/2006 Page 33 of 65 lfc

34 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for September 21, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (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: RHE Recommendation: Staff Recommendation: Speaker(s) None. (Continued on Page 34) Thomas G. Hammond, Jr./Hammond Engineering, Inc., Agent for LJJ Developers, LLC, Owner Approval, subject to FLU Amendment to MU-1 Approval, subject to FLU Amendment to MU-1 9/7/2006 Page 34 of 65 lfc

35 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued No action was taken concerning the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on July 24, 2006 (the Board was advised by Charles Dana Word, Planning and Zoning, during Agenda Work Session on this date, that this Rezoning Case has been rescheduled for September 21, 2006): A. Review and either adopt, modify, or overturn the RHE s recommendation, or remand the Case back to the RHE; 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: (6) 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: Scott Bryars, Agent for Creative Investments Group, LLC, Owner RHE Recommendation: Denial Staff Recommendation: Denial Speaker(s) None. (Continued on Page 35) 9/7/2006 Page 35 of 65 lfc

36 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 2. 5:45 p.m. Public Hearing No action was taken concerning the recommendation that the Board, at the 5:45 p.m. Public Hearing, adopt an Ordinance to amend the Official Zoning Map to include the Rezoning Cases (Z through Z and Z ) that were heard by the Rezoning Hearing Examiner on July 24, 2006, 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, during Agenda Work Session on this date, that the 5:45 p.m. Public Hearing has been rescheduled for September 21, 2006). 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 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 4.19 (+/-) acres at 6120 Village Oaks Drive, from Commercial (C) to Mixed-Use 2 (MU-2); providing for a title, a copy on file, severability, and an effective date. Speaker(s) None. 9/7/2006 Page 36 of 65 lfc

37 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, 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 Thomas G. Hammond, Jr., P.E., Agent for Jay Patel, Owner, changing the Future Land Use of 9.65 (+/-) acres located at 8611 and 8615 Untreiner Avenue, from Commercial (C) to Mixed Use 1 (MU-1); providing for a title, a copy on file, severability, and an effective date. Speaker(s) None. 5. 5:48 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, 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 W.R. Ward, P.E., Agent for Robert Gulley, Owner, changing the Future Land Use of.83 (+/-) acre located at 1229 Hope Drive, from Industrial (I) to Urban Residential (UR); providing for a title, a copy on file, severability, and an effective date. Speaker(s) None. 6. 5:49 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, approving the development plan for Gulley Estates Subdivision, a proposed 5-lot residential Planned Unit Development on Hope Drive, requested by W.R. Ward, P.E., of Southern Land Concepts, Inc., Agent and Engineer for Robert Gulley, Owner, as amended to make the effective date the same as the Small Scale Amendment ( ), which would be October 9, Speaker(s) None. 9/7/2006 Page 37 of 65 lfc

38 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 7. 5:50 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, conducting the second of two Public Hearings and adopting an Ordinance (Number ) amending the Escambia County Land Development Code (Ordinance Number 96-03, 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. Speaker(s) None. 8. 5:51 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting an Ordinance (Number ) 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. Speaker(s) None. 9/7/2006 Page 38 of 65 lfc

39 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 9. 5:52 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, taking the following action: A. Ratifying the scheduling of a Public Hearing for September 7, 2006, at 5:52 p.m., to consider a Hotel/Motel Unit Ordinance; B. Ratifying the Notice of Intent to adopt the Hotel/Motel Unit Ordinance that was advertised in the Pensacola New Journal on Sunday, August 27, 2006; and C. Conducting the Public Hearing and adopting the Hotel/Motel Unit Ordinance (Number ). Speaker(s) None. II. ACTION ITEM 1. Interlocal Agreement Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving, and authorizing the Chairman to sign, the Interlocal Agreement to Provide for Navy Participation in Decisions Regarding Land Development in Escambia County. 9/7/2006 Page 39 of 65 lfc