Chairman Bass called the Regular Meeting of the Board of County Commissioners to. Board Chambers, Third Floor, Escambia County Courthouse,

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1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD FEBRUARY 18, 1999 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (5:30 p.m. pm. - 6:55 p.m.) pm.) Present: Commissioner Michael T. "Mike" Bass, Chairman, District 2 Commissioner Willie J. Junior, Vice Chairman, District 3 Commissioner Thomas G. "Tom" Banjanin, District 4 Commissioner Wilson B. Robertson, District 5 Commissioner D. M. "Mike" Whitehead, District 1 Honorable Ernie Lee Magaha, Clerk of the Circuit Court Mr. Barry R. Evans, County Administrator Mr. David G. Tucker, County Attorney Ms. Doris C. Harris, representing the Deputy Clerk to the Board CALL TO ORDER Chairman Bass called the Regular Meeting of the Board of County Commissioners to order at 5:30 p.m., in Board Chambers, Third Floor, Escambia County Courthouse, 223 Palafox Place, Pensacola, Florida. He asked Commissioner Banjanin to lead the invocation, and Commissioner Whitehead to lead the Pledge of Allegiance. ADOPTION OF THE AGENDA AS PREPARED AND DULY AMENDED Chairman Bass asked the Commissioners for items to be added to the agenda. Commissioner Robertson said he did not have any items to add to the agenda. Commissioner Banjanin said his item to add to the agenda concerned the Bob Sikes Bridge bicycle and pedestrian path. Commissioner Whitehead said his items to add to the agenda concerned Juvenile Justice Awareness Week, and documents circulated by the Clerk s Office for the Commissioners' review and signatures. 2/18/99 1 blb

2 Commissioner Junior said he would request addressing Item 9 on the County Administrator s Report as soon as possible. Chairman Bass said his items concerned the Global Workers' Compensation settlement of Clarence Cofield, and a local match for a third Commerce Park. Motion made by Commissioner Whitehead, seconded by Commissioner Junior, and carried unanimously, adopting the agenda as prepared and duly amended. COUNTY ADMINISTRATOR S REPORT - County Administrator Barry R. Evans 9. Approval of Task Order for Supervisor of Elections' Multipurpose Facility Motion made by Commissioner Junior, seconded by Commissioner Whitehead, and carried unanimously, approving a Task Order, in the amount of $81,200, to Bullock-Tice Associates for Design and Construction Management Services for a Supervisor of Elections Facility of at least 10,000 square feet to be used as a multipurpose facility, relative to the $1.2 million budget approved by the Board on January 21, 1999, to be funded by the Sheriff for up to $200,000, and the remainder to be funded from Local Option Sales Tax (LOST I) Fund 350, and LOST II Fund 351. (Attached and Shown as EXHIBIT "A) Chairman Bass said he would acknowledge the presence of the Honorable Bonnie M. Jones, Supervisor of Elections. APPROVAL OF MINUTES Motion made by Commissioner Junior, seconded by Commissioner Whitehead, and carried unanimously, approving the Minutes of the Regular Board Meeting held January 7, 1999, and the Special Emergency Board Meeting held January 12, /18/99 2 blb

3 WRITTEN COMMUNICATION Chairman Bass advised that no no one had requested to to speak during the the Written Communication portion of the Meeting. IIIlllili ACCEPTANCE OF CERTIFIED AFFIDAVITS ESTABLISHING PROOF OF PUBLICATION Upon inquiry from Chairman Bass, the the Honorable Ernie Lee Magaha, Clerk of the the Circuit Court, said the Clerk's Office had received all proofs of publication. Motion made by Commissioner Commissioner Whitehead, seconded by Commissioner Commissioner Junior, and carried unanimously, waiving the the reading of the legal advertisements and accepting, for filing with the Board s Minutes, the certified affidavits establishing proof of publication for the following two two (2) (2) Public Hearings: A. The 5:31 p.m. pm. Public Hearing for consideration of adopting an Ordinance creating the Crescent Lake Street Lighting Municipal Services Benefit Unit (MSBU) for the purpose of providing street lighting within the District; defining the boundaries of said District; providing for the governing of said District by the Board of County Commissioners; providing for legislative findings, authorizing the use of a nonad valorem special assessment to defray the cost of providing street lighting based on a fair and reasonable apportionment of the the cost to specially benefitted properties; providing for the use of the Uniform Method of Collection prescribed by Section , Florida Statutes (1997); providing for no exemptions to the levy; identifying the duties of the Escambia County Clerk of the Circuit Court, Tax Collector, and Property Appraiser; providing for severability; providing for inclusion in the the Code of Ordinances of Escambia County; and providing an effective date. B. The 5:32 p.m. pm. Public Hearing for consideration of adopting an Ordinance of Escambia County, Florida, amending Chapter Chapter 1-8.5, Article II, Section of the Escambia County Code of Ordinances; establishing fine for serious or irreversible violations under Chapter I-8.5, l-8.5, Code Enforcement System Ordinance (Ordinance Number 95-9); providing for applicability to to certain County Codes Codes and Ordinances to to be be enforced by such fine; providing for severability; providing for inclusion in the the Code; and providing for an effective date. (Attached and Shown as EXHIBIT "B") "8") 2/18/99 33 blb blb

4 llllllflfii ADOPTION OF OF THE CRESCENT LAKE STREET LIGHTING MSBU ORDINANCE Chairman Bass said the the 5:31 p.m. pm. Public Hearing was for consideration of an Ordinance to create the Crescent Lake Street Lighting Municipal Services Benefit Unit (MSBU). Mr. Richard Herrmann, Pebble Drive, said he had lived in Crescent Lake for over thirty (30) years and had not experienced a a street lighting problem in that length of time. He said the people who already had street lights installed by Golf Power Company were paying for them individually. Mr. Herrmann said he understood four street lights were proposed for his his one-block street, and he he was not in favor of the the MSBU and would like like the proposal dropped. He said he did not want another tax tax on his property, and he commented briefly. Chairman Bass said he would request a staff member member to review the process regarding the requirements for the establishment of an MSBU. Ms. Jean A. Kassab, Director, Administrative Services, said 55% of the property owners had signed a petition, as required under under the MSBU Guidelines and Procedures. She said that percentage equaled 370 property owners out of a a total of 667 properties. Ms. Karen Montgomery, President of the Crescent Lake Homeowners Association, said the Association was was in favor of of the possibility of lighting up Crescent Crescent Lake with 250 additional lights. She said the the lighting would probably increase the the safety of the the families living in the subdivision, and the numerous elderly and single people would appreciate the additional lighting as there were many dark areas in the subdivision. Ms. Montgomery said the cost would only be be $2.25 per month, instead of $6 per month that some people paid for a light installed by Gulf Power Company, which would reduce the annual cost significantly. She said the project had been approached as a neighborhood improvement project and that was the reason for the the success in gathering signatures, and she commented briefly. 2/18/99 44 blb blb

5 Mr. Arnold M. Robinson, Vice President of the Crescent Lake Homeowners Association, said he was in favor of the lighting which was an endeavor to improve Crescent Lake by lighting all the streets. He said it would be a savings and a convenience, and he was instrumental in getting many of the signatures on the petition, and he commented briefly. Ms. Alice W. Ferrell, a member of the Board of the Crescent Lake Homeowners Association, said many of the other subdivisions had already installed such lighting systems in an attempt to curtail crime. She said she currently paid Gulf Power Company for a street light; however, the MSBU would benefit the whole subdivision and enhance property values. Ms. Lucille Nellums, a member of the Crescent Lake Homeowners Association, said she also helped in getting signatures on the petition. She said she had lived in Crescent Lake for thirty-six years and additional lighting was needed, and she commented briefly. Ms. Emma L. Ferguson, Fairview Drive, said she had lived in this subdivision for five years and would appreciate having a bright light near her house, and she commented briefly. Mr. Mark Montgomery, Springbrook Drive, said he also supported the lighting which would eliminate many of the dark areas in the subdivision. Mr. Nick Christodolus, Athens Avenue, said he did not live in Crescent Lake; however, he owned three rental houses in the subdivision, and he agreed with the lighting for safety reasons as well as increasing the value of property, and he commented briefly. Mr. Noah Nellums, Springbrook Avenue, said he agreed with all the speakers that lighting was needed in Crescent Lake. Mr. Lester Schnyder, Jr., Fairview Drive, said he had lived in Crescent Lake since 1961, and, after comments, he said the lights might cause children to play on the streets well into 2/18/99 5 blb

6 the evening hours, and that was already a problem on his street. He said the additional lights would not stop crime and would utilize more energy rather than conserve energy. Ms. Virginia Robinson, East Shore Drive, said she was in favor of the lighting because it would assist emergency vehicles in locating properties, and she commented briefly. Mr. Davis S. Hicks, Cranbrook Avenue, said he had lived in Crescent Lake for thirty-three years. He said the cost for the MSBU lighting was minimal and he could identify more problems without the lighting than there would be with the lighting. Mr. Hicks said that even though he had an individual street light installed by Gulf Power Company which was well worth the cost, he was in favor of the MSBU. Motion made by Commissioner Junior, seconded by Commissioner Whitehead, and carried unanimously, taking the following action, at the 5:31 p.m. pm. Public Hearing concerning the creation of the Crescent Lake Area Street Lighting Municipal Services Benefit Unit (MSBU): A. Adopting an Ordinance creating the Crescent Lake Street Lighting Municipal Services Benefit Unit (MSBU) for the purpose of providing street lighting within the District; defining the boundaries of said District; providing for the governing of said District by the Board of County Commissioners; providing for legislative findings, authorizing the use of a non-ad valorem special assessment to defray the cost of providing street lighting based on a fair and reasonable apportionment of the cost to specially benefitted properties; providing for the use of the Uniform Method of Collection prescribed by Section , Florida Statutes (1997); providing for no exemptions to the levy; identifying the duties of the Escambia County Clerk of the Circuit Court, Tax Collector, and Property Appraiser; providing for severability; providing for inclusion in the Code of Ordinances of Escambia County; and providing an effective date; and making the following findings of fact: (1) Lots in the District are specially benefitted since street lighting not only increases the market value of an individual lot in the District, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark; 2/18/99 6 blb

7 (2) The benefit from improved street lighting varies according to the relative size of the affected lots. Residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District. Commercial lots benefits from improved street lighting vary according to the linear footage along the affected streets because of the large differential in size throughout the District; (3) The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and (4) Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting; and B. Approving to allow the first nine (9) months of the assessment to be financed from the Road Assessment Program Fund 335 Reserves, to be paid back when the assessment is levied in November, (Ordinance Number 99-8 Attached and Shown as EXHIBIT "C") "llllf? ADOPTION OF AN ORDINANCE RELATED TO FINES FOR SERIOUS OR IRREVERSIBLE VIOLATIONS OF THE CODE ENFORCEMENT SYSTEM Chairman Bass said the 5:32 p.m. pm. Public Hearing was for consideration of adopting an Ordinance establishing fines for serious or irreversible violations of the Code Enforcement System Ordinance. He said there were no speakers. After Ms. Doris C. Harris, representing the Deputy Clerk to the Board, advised a revised Ordinance had been distributed, County Attorney Tucker said there were no substantive changes between the two draft Ordinances. Motion made by Commissioner Junior, seconded by Commissioner Whitehead, and carried unanimously, adopting the revised Ordinance of Escambia County, Florida, amending Chapter 1-8.5, Article II, Section of the Escambia County Code of Ordinances; establishing fine for serious or irreversible violations under Chapter I-8.5, Code Enforcement System Ordinance (Ordinance Number 95-9); providing for applicability to certain County 2/18/99 7 blb

8 Codes and Ordinances to be enforced by such fine; providing for severability; providing for inclusion in the Code; and providing for an effective date. (Ordinance Number 99-9 Attached and Shown as EXHIBIT "D") CHAIRMAN BASS RELINQUISHED THE CHAIR TO COMMISSIONER WHITEHEAD COW AGENDA REVIEW WORKSHOP REPORT - Presented by Commissioner D. M. "Mike" Whitehead, Chairman I.. CONSENT AGENDA Approval of Various Consent Agenda Items Acting Chairman Whitehead advised that a revision had been made to COW Consent Agenda Item 15. Commissioner Robertson said he would request that Item 11 be re-visited. Motion made by Commissioner Bass, seconded by Commissioner Junior, and carried unanimously, approving the Consent Agenda Items 1 through 30, with a revision to Item 15 to reflect the correct amount of Change Order Number 2 as $846,750, and not $891,750, and holding Item 11, as follows: 1. Adopting the Resolution approving Supplemental Budget Amendment Number 121, in the amount of $4,867, Mosquito and Arthropod State I Fund 106, to recognize an unanticipated increase in fund balance and the corresponding expenditure. (Attached and Shown as EXHIBIT "E") 2. Adopting the Resolution approving Supplemental Budget Amendment Number 129, in the amount of $4,841, Other Grants and Projects Fund 110, to recognize the interest for the Law Enforcement Block Grant '97 and the corresponding appropriation. (Attached and Shown as EXHIBIT "F") Adopting the Resolution approving Supplemental Budget Number 130, in the amount of $71,000, General Fund 001, to recognize the payment received from the Social Security Administration and the corresponding expenditures for reporting incarcerated inmates. (Attached and Shown as EXHIBIT "G") 2/18/99 8 blb

9 4. Adopting the Resolution approving Supplemental Budget Amendment Number 131, in the amount of $245,650, Other Grants and Projects Fund 110, to recognize the grants received for Parks and Recreations and the corresponding expenditures which were recorded in deferred revenue and now need to be recorded as revenue in the current year. (Attached and Shown as EXHIBIT "H") 5. Adopting the Resolution approving Supplemental Budget Amendment Number 134, in the amount of ($2,468), CRA (Community Redevelopment Agency) Expendable Trust Fund 683, to recognize a reduction in the Brownsville Tax Increment Financing Trust Fund (TIF), from the amount originally budgeted and to adjust the appropriation of the TIF accordingly. (Attached and Shown as EXHIBIT "I") " ") 6. Adopting the Resolution approving Supplemental Budget Amendment Number 135, in the amount of ($36,050),Transportation Trust Fund 175, to recognize a reduction in the number of correctional officers assigned to and working at the Perdido Landfill, and to adjust the appropriation of these accounts accordingly. (Attached and Shown as EXHIBIT "J") 7. Adopting the Resolution approving Supplemental Budget Amendment Number 137, in the amount of $190, General Fund 001, to recognize the unanticipated revenue associated with a Pollution Prevention for Automotive Repair Shops workshop organized by the Neighborhood and Environmental Services Department. (Attached and Shown as EXHIBIT "K") 8. Approving Budget Amendment Number 138, in the amount of $18,380, to appropriate additional funds into the Pollution Prevention Grant, Other Grants and Projects Fund 110, personnel budget to provide for the salary of one (1) Environmental Specialist for the remainder of the Fiscal Year 1998/1999. (Attached and Shown as EXHIBIT "L") _;.Illlllfllfli Adopting the Resolution approving Supplemental Budget Amendment Number 139, in the amount of $25,000, in Other Grants and Projects Fund 110, and indirect charges of three percent (3% [$750]), into the County of Escambia General Fund 001, to recognize unanticipated revenue associated with grant monies received by Escambia County, for the Hazardous Waste Management Grant (DEP Contract Number HW389) from the Florida Department of Environmental Protection (FDEP) over that originally budgeted, and adjust the Fiscal Year 1998/1999 appropriation for these funds accordingly. (Attached and Shown as EXHIBIT "M") 10. Adopting the Resolution approving Supplemental Budget Amendment Number 143, in the amount of $556,823, Capital Improvements Program Fund 310, to recognize the revenues to be received for the implementation of the Geographic Information System (GIS) Interlocal Agreement from the City of Pensacola and the Escambia County Utilities Authority and the corresponding appropriations. (Attached and Shown as EXHIBIT "N") 2/18/99 9 blb

10 12. Scheduling a Public Hearing on March 4, 1999, at 5:34 p.m. pm. to consider amending County Ordinance to extend the area of mandatory residential solid waste collection north to an area described as follows: South of Stone Container Road, east of U. S. Highway 29; and south of Kingsfield Road, east of Highway 297A, including all property contiguous to U. S. Highway 29, Kingsfield Road, and Highway 297A. 13. Taking the following action: A. Approving the issuance of a Certificate of Need for Buck Oil Services, Inc., with no expiration date; and B. Authorizing the Chairman to sign the Certificate of Need. (Attached and Shown as EXHIBIT "O") "0") 14. Taking the following action pertaining to Law Engineering and Environmental Services, Inc. (PD ) ) for the Escambia County Department of Public Works, Solid Waste Management, Fund 401, Cost Center , Object Code 53101: A. Approving to extend the contract for routine Environmental Sampling and Analytical Laboratory and Consultation Services awarded March 12, 1998, in an annual lump sum of $161,275, for each of the next two (2) one-year option periods at the same prices, terms, and conditions, contingent upon appropriation of funds and mutual agreement of both parties; and B. Approving non-routine work in accordance with the unit price schedule provided in Law's proposal, not to exceed $50, Taking the following action concerning the Beulah Landfill Closure Project: A. Approving Change Order Number 2 to the Beulah Landfill Closure Project, PD , , with Phoenix Construction Services, Inc., in the revised amount of $846,750 (revised from $891,750); with funding available in the Public Works, Solid Waste Management Division, Projects, Improvements Other Than Buildings Budget Fund 401, Cost Center , Object Code 56301; and B. Authorizing the County Administrator to sign the Change Order documents. (Attached and Shown as EXHIBIT "P") (Attached and Shown as EXHIBIT "P") 2/18/99 10 blb

11 16. Scheduling a Public Hearing for March 4, 1999, at 5:30 p.m. pm. to consider the petition to vacate the feet wide and feet long alleyway (running east and west between "E" and "F" Streets, just south of Leonard Street) in Block 50, Englewood Heights Subdivision, as petitioned by the House of God Church. 17. Scheduling a Public Hearing for March 4, 1999, at 5:31 p.m., to vacate Legion Road, (a County maintained dirt road) east of Davis Highway, on the Board's own motion, since the property owners have signed a letter indicating they do not want the road widened or paved, subject to a utility and access easement being retained. 18. Scheduling a Public Hearing for March 4, 1999, at 5:33 p.m. pm. to consider the petition from Pensacola Christian College, Inc., lnc., to vacate a portion of the platted drainage easement in Norwood NonNood Subdivision Unit 6 (located south of Airport Boulevard). 19. Taking the following action related to a County drainage project with Pensacola Christian College, Inc., lnc., north of Airport Boulevard: A. Authorizing staff to negotiate the terms and conditions of the donation and/or dedication of the real property required for retention pond and drainage easement purposes, gather information and conduct any inspections as needed; and B. Accepting the donated pond site and drainage easement instruments as of the day of delivery of the document to the Chairman, and authorizing the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time. "llllf? Taking the following action regarding the request from BellSouth Telecommunications, Inc., lnc., to acquire an easement to accommodate additional equipment, due to the increased phone service in the Perdido Key area, and with BellSouth Telecommunications, Inc., lnc., paying all cost associated with having the easement recorded: A. Approving to grant a utility easement on a portion of County property north of Perdido Key Drive; and B. Authorizing the Chairman or Vice Chairman to sign the utility easement transferring the easement. (Attached and Shown as EXHIBIT "Q") "0") 2/18/99 11 blb

12 "III? Taking the following action regarding the request from the Escambia County Utilities Authority (ECUA) to acquire a 25' by 25' utility easement from Escambia County, to facilitate the construction of a sanitary sewer lift station: A. Approving to grant a utility easement on a portion of County property located east off of "S" Street; and B. Authorizing the Chairman or Vice Chairman to sign the utility easement transferring the easement to the ECUA. (Attached and Shown as EXHIBIT "R") 22. Approving to issue a Task Order on Contract PD to Jehle Engineering, Inc., in the amount of $157,701.50, plus a geotechnical allowance of $5, and additional parcel surveys of $3,000.00, for a total amount of $165,701.50, to design paving and drainage improvements on Chestnut Road (New Road Construction Fund 333, Account Number /56330). (Attached and Shown as "S") "8") Taking the following action regarding a Maintenance Agreement with the Florida Department of Transportation (FDOT) for a proposed bicycle/pedestrian path along Navy Boulevard between Gulf Beach Highway and Bayou Chico: A. Approving the Maintenance Agreement; and B. Authorizing the Chairman to sign the Maintenance Agreement. (Attached and Shown as EXHIBIT "T") Taking the following action regarding Brentco Road median islands and Ziglar Road curve, with funding available in Local Option Sales Tax (LOST) Fund 350; and LOST II Extension Fund 351: A. Accepting, for filing with the Board's Minutes, the Petition for Installation of Traffic Calming Devices on Brentco Road between Ziglar Road and Dunn Avenue; B. Approving the construction of two 20-foot wide median islands on Brentco Road approximately 700 and 1,300 feet north of Ziglar Road to divert the travel paths of motorists and thereby reduce speed; and one 4-foot wide concrete traffic separator on Brentco Road between Ziglar Road and Eagle Ridge Subdivision to channelize the turning paths of vehicles and to restrict vehicle speeds by narrowing travel lanes; and 2/18/99 12 blb

13 C. Approving the reconstruction of the 90-degree curve on Ziglar Road with a larger radius to allow two vehicles to comfortably pass. (Attached and Shown as EXHIBIT "U") Taking the following action regarding traffic calming devices on Dallas Avenue, to which the residents have unanimously agreed, with funding available in Local Option Sales Tax Extension (LOST II) ll) Fund 351: A. Accepting, for filing with the Board's Minutes, the Petition for Installation of Traffic Calming Devices on Dallas Avenue (a two-lane rural road, twenty-four feet in width) between Michigan Avenue and Bellview Avenue; and B. Approving the construction of three (3) traffic circles (fifteen feet in diameter) in the center of the intersections of Tucson Avenue, Seattle Avenue, and Tupelo Avenue. (Attached and Shown as EXHIBIT "V") 26. Adopting a Resolution to establish a twenty-five (25) mile per hour speed limit on Lode Star Avenue between Olive Road and Parazine Street, for consistency with the design speed of speed humps on Lode Star Avenue, which were approved by the Board at its December 22, 1998, Meeting. (Attached and Shown as EXHIBIT "W") 'W') 27. Taking the following action concerning Contract PD , "McKenzie Road - Hilltop to Hilltop, Paving and Drainage Project" (Contractor: Gulf-Atlantic Constructors, Inc.): A. Approving Construction Change Order Number 15, in the amount of $202,565 to add the paving and drainage improvements to Coweta Road; and B. Approving Construction Change Order Number 16, in the amount of $364,838 to add the paving and drainage improvements to Williams Ditch Road. (Attached and Shown as EXHIBIT "X") Approving Construction Change Order 4, in the amount of $912,529, to Contract PD "Breastworks Road, Phase I, Paving and Drainage Project," (Contractor: Gulf-Atlantic Constructors, Inc.) to include paving and drainage improvements on Bratt Road. (Attached and Shown as EXHIBIT "Y") 29. Rescinding the following actions and Resolution R approved by the Board on October 27, 1998, concerning the Scott Street Drainage Improvement Project, since staff had determined that the necessity of obtaining these properties is no longer required for the Scott Street Drainage Improvement Project and an alternative site is being acquired: 2/18/99 13 blb

14 A. Adoption of a Resolution (R98-215) (R98 215) containing the following findings, declaring a public necessity, setting forth a public purpose, and acknowledgment of the appraised fair market value of two parcels of real property to be acquired by eminent domain for completion of the Scott Street Drainage Improvement Project: (1) ) The Scott Street Drainage Improvement Project accomplishes a legitimate public purpose in that it is essential to correct drainage concerns and provide for additional treatment of the stormwater in the area of Scott Street; (2) The acquisition of the real property from the record owners believed to be Ms. Francis Spires (Parcel 1) and Mr. Robert Michael Mosley (Parcel 2) is necessary to complete the Scott Street Drainage Improvement Project; (3) The real property to be acquired is described as Exhibit A as Parcel 1 and 2 are by reference incorporated herein; Parcels 1 and 2 are the only suitable parcels available to complete Scott Street Drainage Improvement Project; (4) The appraised fair market value of Parcel 1 is $6,500 and appraised fair market value of Parcel 2 is $6,300; (5) All conditions precedent to acquire Parcel 1 and 2 have been satisfied; and (6) It is in the best interest of the welfare of the citizens of Escambia County, Florida, that action be taken to acquire fee simple title to the real property described as Parcel 1 and 2 in Exhibit A under the authoritative powers of eminent domain provided to Escambia County, Florida, pursuant to Chapter 127, Florida Statutes (1997); and B. Authorization for the County Attorney's Office to initiate and undertake the eminent domain proceedings to acquire the real property believed to be owned by Ms. Francis Spires, located at 1200 Block Scott Street described as Parcel 1 on Exhibit A of the Resolution, and the real property believed to be owned by Mr. Robert Michael Mosley located at 2401 H Street North which is described as Parcel 2 in Exhibit A of the Resolution, and to further negotiate the purchase of the real property or a settlement of the eminent domain proceedings, to be paid from Fund 350, Local Option Sales Tax (LOST); and C. Authorization for the Chairman to sign all documents required to implement these actions. 2/18/99 14 blb

15 30. Accepting, for filing with the Board's Minutes, the following six (6) reports relating to Interfund Loans: A. A temporary loan between LOST Fund 350 to LOST Fund II 351 in the amount of $1, to pay for building permits from One Stop in December 1998; B. A temporary loan between LOST Fund 350 to LOST Fund II 351 in the amount of $7, to pay for vouchers payable on December 22, 1998; C. A temporary loan between LOST Fund 350 to LOST Fund II 351 in the amount of $147, to pay for vouchers payable on January 6, 1999; D. A temporary loan between General Fund 001 to Mass Transit 104 in the amount of $24, to pay for ATC/Vancom Management Services on January 11, 1999; E. A temporary loan between General Fund 001 to Mass Transit 104 in the amount of $69.53 to pay for vouchers payable on January 14, 1999; and F. A temporary loan between LOST Fund 350 to LOST Fund II 351 in the amount of $67, to pay for vouchers payable on January 14, (Attached and Shown as EXHIBIT "Z") 11. Appointments to Electrical Code Committee Referred to Staff Acting Chairman Whitehead said the recommendation from the Committee of the Whole Agenda Review Workshop (COW) concerning appointments to the Escambia County Electrical Code Committee was that the Board take the following action: A. Accept the letter of resignation, dated January 28, 1999, from Mr. Johnny D. Scapin, II, ll, Electrical Contractor, from the Escambia County Electrical Code Committee since Mr. Scapin currently serves on the Escambia County Board of Electrical Examiners which has been determined to be a conflict, based on an opinion rendered by the County Attorney s Office; and B. Approve the appointment of Mr. Robert D. Ivins, lvins, Sr., Electrical Contractor, to fill the unexpired term of Mr. Scapin, effective immediately through September 25, Commissioner Robertson said each Commissioner had received a letter from the Electrical Contractors Association of Northwest Florida, in which the Association requested submittal 2/18/99 15 blb

16 of a name for the appointment mentioned above, and he personally had also received a telephone call from an electrical contractor regarding the vacancy on the Electrical Code Committee due to a member resigning from the Committee. He said he would like to be briefed on the process, with no intent at this point to not continue with the recommendation from the COW; however, he wanted to be sure the recommendation evolved out of the normal process, and he asked if the recommendation was a result of the normal process. Mr. Donald R. Mayo, Building Official, Office of Building Official, said the normal process for appointments to the various boards was the annual placement of an advertisement in the local newspaper during the month of January which explained the duties of the various contracting boards and solicited anyone who was interested in serving on these boards to file the proper paperwork. papennork. He said any names received were ultimately referred to the Board for approval. Upon inquiry from Commissioner Robertson, Mr. Mayo said the only name submitted was the name in the recommendation, that of Robert D. Ivins, lvins, Sr. Commissioner Robertson said he understood, then, that the process was undertaken by staff and the Commissioners were not involved until final approval. Acting Chairman Whitehead asked if another advertisement should be publicized if there was a vacancy occurring before a term expired, such as the one in this recommendation, and brief discussion followed. Commissioner Robertson said this specific vacancy was created because someone resigned before the end of one s term and, after comments, he said he questioned whether or not this vacancy was publicized since there was only one applicant and he wanted to be sure the process had been followed, and discussion followed. 2/18/99 16 blb

17 Mr. Mayo said the annual ad was published once; however, when vacancies occurred in midterm, he canvassed the members of the various associations at board meetings. He said apparently the Electrical Contractors Association was unaware of this vacancy. Acting Chairman Whitehead said it was his opinion the County should advertise when a vacancy opened in this manner, and the appropriate association should also be notified. After brief discussion, Commissioner Junior said the appointment would be for the brief period from now through September, and the process must have been followed for the item to be on the agenda. County Administrator Evans concurred. Commissioner Junior said, based on the process, the Board should go forward fonnard with the recommendation, and he so moved. Acting Chairman Whitehead called for a second to the motion; there being none, he advised it died for lack of a second. Motion made by Commissioner Robertson, seconded by Commissioner Banjanin, and carried 4-1, with Commissioner Junior voting "no," approving to refer to staff to consider all applicants when vacancies occur on the Escambia County Electrical Code Committee, based on Commissioner Robertson s concerns regarding a letter and a telephone call he received regarding appointments to the Electrical Code Committee, with no action being taken relative to the following COW recommendation concerning appointments to the Escambia County Electrical Code Committee: A. Accept the letter of resignation, dated January 28, 1999, from Mr. Johnny D. Scapin, II, ll, Electrical Contractor, from the Escambia County Electrical Code Committee since Mr. Scapin currently serves on the Escambia County Board of Electrical Examiners which has been determined to be a conflict, based on an opinion rendered by the County Attorney s Office; and 2/18/99 17 blb

18 B. Approve the appointment of Mr. Robert D. Ivins, Sr., Electrical Contractor, to fill the unexpired term of Mr. Scapin, effective immediately through September 25, II.. FOR COMMITTEE DISCUSSION 1. Discussion Held Concerning the Need for a Convention Center Acting Chairman Whitehead advised the Board that the Committee of the Whole Agenda Review Workshop (COW) held, for a report to be provided at the March 9, 1999, COW meeting, if possible, concerning the need for a convention center in Pensacola upon being advised during the COW Meeting by Mr. Richard Baker, Vice Chairman of Tourism Development, Pensacola Area Chamber of Commerce, that additional studies were needed to address this possible joint venture among the County, State Legislature, Pensacola City Council, and private enterprise, during a one and one-half hour verbal and visual presentation, during the COW, from representatives of Convention Sports and Leisure (CSL) International regarding the feasibility study prepared by CSL, and from representatives of Ellerbe Beckett and Hospitality Real Estate Counselors. 2. Discussion Concerning Status of an Energy Efficient Program at Leonard Street Complex Acting Chairman Whitehead advised the Board that the Committee of the Whole Agenda Review Workshop (COW) heard comments during a brief presentation from representatives of Southern Company Energy Solutions, Inc. (f/k/a Southern Development Investment Group, Inc.) and CES/WAY International, concerning the status of an Energy Efficient Program at the Leonard Street Complex (Escambia County Jail, the Theo Bruno Juvenile Justice Center, and Sheriff's Administration Building). 2/18/99 18 blb

19 3. Approval Regarding Voluntary Participation by Malls in Designated Parking Spaces for Expectant Mothers and Those Transporting Young Children Acting Chairman Whitehead advised the Board that the Committee of the Whole Agenda Review Workshop (COW) heard a request from Ms. Alexandra Tyson concerning establishing of "Pink Parking Spaces" for expectant mothers, and "Stroller Spaces" for vehicles transporting young children who require strollers, and the COW unanimously recommended the Board send the request to staff for a recommendation to the Board outlining how the parking violation fines would be distributed. Commissioner Robertson said, after comments, that the COW did not recommend adoption of an Ordinance to regulate these designations as handicapped parking, and his motion had been to send the discussion to staff to explore the idea of specialty parking. He said designation of such parking places should be voluntary and on a store-by-store basis, and brief discussion followed. Motion made by Commissioner Junior that the Board send a letter to the merchants or whoever might want to voluntarily participate, and the County would not be interested in adopting an Ordinance to that effect, and that would be the Board s involvement. Motion seconded by Commissioner Robertson. After brief discussion, Commissioner Junior said the letter would be sent to the major malls only. After additional discussion, Acting Chairman Whitehead called for the question, and the motion carried unanimously, approving to send a letter to the major malls in Escambia County, recommending their voluntary participation in designating parking spaces for expectant mothers and people transporting young children who require strollers, relative to the COW s 2/18/99 19 blb

20 recommendation to request the Administrative staff to provide a report and recommendation back to the Board outlining how the parking violation fines would be distributed relative to Ms. Alexandra Tyson s request during the COW that the County establish "Pink Parking Spaces" and "Stroller Spaces." 4. Discussion Concerning ADA Paratransit Service Costs Acting Chairman Whitehead advised the Board that the Committee of the Whole Agenda Review Workshop (COW) received an Information Report dated December 8, 1998, from Kenneth P. Westbrook, Resident Manager, Escambia County Area Transit (ECAT), concerning Americans with Disabilities Act (ADA) Paratransit Service Costs which ECAT believed would create a financial crisis in the near future, but wanted the Board to be aware of the potential problem of future ADA cost increases, and the efforts being taken by ECAT to alleviate the financial burden on County funds. (Attached and Shown as EXHIBIT "AA") 5. Discussion Concerning Item 5 Acting Chairman Whitehead advised that no information had been distributed for Item 5. lllliii Approval to Purchase Property at Ashland Avenue and Detroit Boulevard for Health Department's Satellite Space Acting Chairman Whitehead advised the Board that the Committee of the Whole Agenda Review Workshop (COW) recommended the Board deny the request to provide five (5) acres of County-owned property on Stefani Road, as requested in a letter dated November 23, 1998, from John J. Lanza, M.D., MD, Ph.D., F.A.A.P., Escambia County Health Department director, to expand its facilities and services in order to meet the demands of the growing population in Escambia County, and approve staff locating approximately five (5) acres of property in 2/18/99 20 blb

21 close proximity that would service the highest need for what was trying to be accomplished based on the study as to where the Health Department should be located. Motion made by Commissioner Robertson, with a question, seconded by Commissioner Bass, that the Board approve the recommendation. Commissioner Robertson said a letter from the Health Department stated it needed to know as soon as possible the location of all suitable property. He said that was not part of the motion, and whatever could be found which the County could afford would have to be agreeable to both the Health Department and the Board; however, Dr. Lanza s letter indicated that if the Health Department was not satisfied with the Board s choice, the Board would be asked to search further. Commissioner Robertson said the Health Department would have to be satisfied with the Board s choice, and he commented briefly. County Administrator Evans said the County was setting the parameters, and there was, at present, no land that the County owned that would be suitable; however, staff was addressing a site that might be feasible. He said a nearby neighbor, within audible distance of a proposed parcel, raised chickens on his property, and he commented briefly. Mr. Patrick K. Donnelly, Special Projects Coordinator, said he had checked property from Ashland Avenue on the west, to Chemstrand Road on the east, and from Burgess Road to Ten Mile Road and found some possibilities, and the Health Department personnel also checked possible sites, and he commented briefly. He said the best prospect was at Ashland Avenue and Detroit Boulevard which was a seven-acre parcel, costing approximately $130,000. Mr. Donnelly said sewer lines were available and Health Department staff found it to be agreeable because it was on Detroit Boulevard and accessible. Mr. Donnelly said the chickens 2/18/99 21 blb

22 located nearby concerned some; however, the property was within the County s price range. He said a church was interested in paying $40,000 to $50,000 for a portion of the property. After brief discussion, Mr. Donnelly said the Health Department only needed three to four acres of the seven-acre parcel, and he commented briefly that this was the best parcel within the area and the Health Department was interested in it. Amended motion made by Commissioner Robertson that the Board investigate this site and get the paperwork started, get it appraised, etc. He said he understood the Health Department could not receive a grant until property was indentified. Amended motion seconded by Commissioner Bass. Upon inquiry from Commissioner Junior, Mr. Donnelly said the property was located on the northeast corner of the intersection of Detroit Boulevard and Ashland Avenue and across the street from Davis Marine Construction Company. After brief discussion, Acting Chairman Whitehead called for the question, and the amended motion carried unanimously, taking the following action concerning property for additional Health Department space: A. Denying the request to provide five (5) acres of County-owned property on Stefani Road, as requested in a letter dated November 23, 1998, from John J. Lanza, M.D., MD, Ph.D., F.A.A.P.,County Health Department Director, to expand the Health Department s facilities and services in order to meet the demands of the growing population in Escambia County, as recommended by the COW; and B. Approving that staff proceed at once with the appraisal, paperwork, papennork, etc., and properly identify a seven-acre parcel of property located on the northeast side of the intersection of Ashland Avenue and Detroit Boulevard, for $130,000, including closing costs, based on the COW s recommendation to locate approximately five (5) acres of property in close proximity of an area that would service the highest need for what was trying to be accomplished based on the study regarding where the Health Department should be located. (Attached and Shown as EXHIBIT "BB") 2/18/99 22 blb

23 7. Discussion Concerning Board Room/Conference Room Renovation Acting Chairman Whitehead advised the Board that the Committee of the Whole Agenda Review Workshop (COW) heard a verbal report from representatives of Baskerville-Donovan, Basken/iIIe-Donovan, Inc., concerning the Board Chambers and Conference Room proposed renovation for increased seating (as requested by the Board at its December 3, 1998, Regular Board Meeting), and concerns regarding the news media section being located in close proximity to the Board Chambers was discussed. 8. Approval to Expedite the Bob Sikes Bridge Toll Booth Plaza Project Motion made by Commissioner Robertson, seconded by Commissioner Junior, and carried unanimously, approving to declare the renovation to the Bob Sikes Bridge Toll Booth Plaza project an emergency and waiving the normal contracting procedures in order to continue to expedite the project relative to the verbal report, utilizing visual aids, provided by Ms. Jean A. Kassab, Director, Administrative Services, during the COW meeting. (Attached and Shown as EXHIBIT "CC") 6:05 P.M. PM. - COMMISSIONER JUNIOR LEFT THE MEETING TEMPORARILY. ITEMS ADDED TO THE AGENDA - COMMISSIONER THOMAS G. "TOM" BANJANIN 1. Approval of RFP for Provision of Pedestrian and Bicycle Path on Bob Sikes Bridge Commissioner Banjanin said staff had been instructed several months ago to suggest a plan for safety of pedestrians and bicyclists who traverse the Bob Sikes Bridge, and he commented briefly. He said he would ask the Board to direct staff to advertise a Request for Proposals (RFP) within the next thirty (30) days, and he so moved. After County Administrator Evans said that at least one proposal received had been cost prohibitive, Commissioner Banjanin said that was the reason to authorize an RFP. 2/18/99 23 blb

24 Motion seconded by Commissioner Robertson and carried 4-0, with Commissioner Junior temporarily out of Board Chambers, approving to direct staff to advertise a Request for Proposals (RFP) within the next thirty (30) days to address the provision of a pedestrian and bicycle path for the safety of pedestrians and bicyclists who traverse the Bob Sikes Bridge. COW AGENDA REVIEW WORKSHOP REPORT - Continued II. FOR COMMITTEE DISCUSSION - Continued 8. Approval to Expedite the Bob Sikes Bridge Toll Booth Plaza Project - Continued Upon inquiry from Commissioner Bass, Ms. Jean A. Kassab, Director, Administrative Services, said funding was available within the Bob Sikes Toll Bridge Special Revenue Fund regarding the renovation to the Bob Sikes Bridge Toll Booth Plaza project. Acting Chairman Whitehead said funds were available within an existing fund and did not have to be identified within the motion. 6:07 P.M. PM. - COMMISSIONER JUNIOR RETURNED TO THE MEETING. 9. Approval to Limit the Number of Speakers During the Written Communication Portion of Board Meetings Acting Chairman Whitehead said the COW s recommendation was that the Board approve limiting the number of speakers during the Written Communication portion of Board Meetings to no more than two (2) per item and allowing each speaker five (5) minutes to speak, relative to implementation of rules pertaining to the Board's Policy for Written Communication. Motion made by Commissioner Junior, seconded by Commissioner Robertson, that the Board approve the recommendation. Mr. Russell Harris, Home Builders Association of West Florida, Inc., said he understood only two speakers could speak on one agendaed item, and he asked if that was the intent. 2/18/99 24 blb

25 Acting Chairman Whitehead said the recommendation addressed only the Written Communication portion of the Board Meetings and, after comments, he said Written Communication was not a forum to bypass the normal procedure of speaking during the Public Forum portion of the Meeting. He said a limit was not set on the number of speakers for a regularly agendaed item, and the recommendation applied to Written Communication items only. After brief discussion, Acting Chairman Whitehead called for the question, and the motion carried unanimously, approving to limit the number of speakers during the Written Communication portion of Board Meetings to no more than two (2) speakers per Written Communication items, and allowing each speaker five (5) minutes each to speak, relative to implementation of rules pertaining to the Board's Policy for Written Communication. 10. Approval of Initial Assumptions for Incorporation into Fiscal Year County Administrator's Proposed Budget Motion made by Commissioner Bass, seconded by Commissioner Banjanin, and carried 4-0, with Commissioner Junior temporarily away from his seat but still in Board Chambers, approving the following initial assumptions to be incorporated into the Fiscal Year County Administrator's proposed budget: Personnel Services A. The merit program will continue at the previous three percent (3%) rate; B. The incentive program will be budgeted and included in the General Fund (001) Non-Departmental Cost Center; C. No Cost-of-Living Adjustment (COLA) will be included in the initial proposed budget (any Civil Service Board changes will be included); Operating D. Operating Budgets will be approved based on historical expenditures, merits of the programs, and funding availability; 2/18/99 25 blb

26 Capital Outlay E. All Capital Outlay will be detailed in a report within the Budget Document; a five-year Capital Improvement Program including equipment over $25,000 will be forecast; Debt Service F. Financing of capital will be by pay-as-you go whenever possible; recommended financing will not exceed the useful life of the assets to be financed; G. All existing debt service commitments will be fully funded; H. The County's General Fund will continue to make contributions to Marcus Pointe Commerce Park to pay down the outstanding debt which exceeds the property available to be sold; this loan is to be repaid from land sales; as previously discussed with the Board, land sales will be insufficient to repay the outstanding principal on this loan; Grants I.. Grants funded from the General Fund to outside agencies will be initially projected at the same amount approved in the Fiscal Year Budget; grants funded by the special revenue funds will be limited to the funding availability; Revenues J. All revenues which can reasonably be expected to be unexpended and unencumbered at the end of the Fiscal Year will be appropriated as an estimated Beginning Fund Balance; and K. Enterprise Funds, Special Revenue Funds and Grant awards will be charged three percent (3%) of their gross revenues for services provided by the General Fund Departments. 11. Approval to Retain John W. Merting in Matters Pertaining to Bob Sikes Bridge Repairs Motion made by Commissioner Banjanin, seconded by Commissioner Robertson, and carried unanimously, approving to retain John W. Merting, Esquire, a Board Certified Admiralty Lawyer, at a rate not to exceed $200 per hour, to represent the County in all matters pertaining to the repair of the Bob Sikes Bridge, due to an accident involving a barge, and approving to instruct Mr. Merting to take all actions necessary to protect the interest of the County including 2/18/99 26 blb