Chairman Young advised that the Reverend David Baker, Pastor, Beulah Freewill Baptist Church, would deliver the Invocation.

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD JUNE 24, 2003 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (5:33 p.m. 11:00 p.m.) Present: Commissioner Marie K. Young, Chairman, District 3 Commissioner Thomas G. Tom Banjanin, Vice Chairman, District 4 Commissioner Clifford W. Barnhart, District 1 Commissioner J. W. Bill Dickson, District 2 Commissioner Janice E. Gilley, District 5 Mrs. Wanda M. McBrearty, Deputy Finance Director, representing Honorable Ernie Lee Magaha, Clerk of the Circuit Court Mr. George Touart, County Administrator Mrs. Janet Lander, County Attorney Mrs. Doris Harris, Deputy Clerk to the Board REGULAR BCC AGENDA 1. Call to Order Chairman Young called the Meeting to order at 5:33 p.m. 2. Invocation Chairman Young advised that the Reverend David Baker, Pastor, Beulah Freewill Baptist Church, would deliver the Invocation. 3. Pledge of Allegiance to the Flag Chairman Young advised that Commissioner Barnhart would lead the Pledge of Allegiance to the Flag. 6/24/2003 1

2 REGULAR BCC AGENDA Continued 4. Adoption of Agenda (Includes speaker slips) Motion made by Commissioner Gilley, seconded by Commissioner Dickson, and carried unanimously, adopting the agenda as prepared and duly amended to include Commissioner Barnhart s add-on item concerning an appointment to the Board of Adjustment; Commissioner Young s add-on item concerning a proposal to purchase the County-owned former Stalnaker/Mazda property; and Addendum #1 to the County Attorney s Report. 5. Proclamations/Special Recognition Motion made by Commissioner Gilley, seconded by Commissioner Dickson, and carried unanimously: A. Taking the following action concerning adoption/ratification of the following twelve Proclamations: (1) Adopting the Proclamation commending and congratulating Patrick K. Donnelly, Special Projects Coordinator, County Administrator s Office, on his retirement after 28 years of dedicated service; (2) Adopting the Proclamation commending and congratulating Patricia G. Feeley, Office Assistant IV, Neighborhood and Environmental Services Department, on her retirement after 21 years of dedicated service; (3) Adopting the Proclamation commending and congratulating Effie Singleton Davis (Sally), Microphotography Records Supervisor, Property Appraiser s Office, on her retirement after 24 years of dedicated service; (4) Adopting the Proclamation commending and congratulating Gladys Handrop, Appraisal Supervisor, Property Appraiser s Office, on her retirement after 51 years of dedicated service; (Continued on Page 3) 6/24/2003 2

3 REGULAR BCC AGENDA Continued 5. Proclamations/Special Recognition Continued A. Continued (5) Adopting the Proclamation commending and congratulating Jim Jackson, Homestead Investigator Supervisor, Property Appraiser s Office, on his retirement after 38 years of dedicated service; (6) Adopting the Proclamation proclaiming July 2, 2003, as Florida Chapter No. 9, Order of the Eastern Star, Inc., Appreciation Day in Escambia County; (7) Adopting the Proclamation proclaiming July 25-27, 2003, as Youth Appreciation Weekend in Escambia County, in conjunction with events hosted by the National Softball Association; (8) Adopting the Proclamation proclaiming July 26, 2003, as Americans with Disabilities Act Day in Escambia County; (9) Adopting the Proclamation proclaiming June 2003 as Escambia County Rivers Month in Escambia County; (10) Adopting the Proclamation dedicating the Oriskany Reef in appreciation of the women and men of the United States Navy; (11) Adopting the Proclamation proclaiming July 2003 as Recreation and Parks Month in Escambia County; and (12) Ratifying the Proclamation commending and congratulating Melvin Edmondson, Director of Collections, Tax Collector's Office, on his retirement after 26 years of dedicated service. (Continued on Page 4) 6/24/2003 3

4 REGULAR BCC AGENDA Continued 5. Proclamations/Special Recognition Continued B. Recognizing that the Purchasing Department has successfully renewed its certification of the National Institute of Governmental Purchasing (NIGP) Outstanding Agency Accreditation Achievement Award. For Information: The Board: A. Heard comments from Eilene Beard, who presented a personal check for $25,000 to Robert Turpin, Chief, Marine Resources, in support of the Oriskany Reef project; Item A (10); and B. Received, from Kevin Briski, Director, Parks and Recreation Department, a packet of information consisting of a four-page document entitled Escambia County Parks Recreation and five brochures, prepared by the Parks and Recreation and Community Services Departments; Item A (11). Speaker(s): Patrick K. Donnelly Audrey Cleveland Carl Davis Keith Wilkins Robert Turpin Kevin Briski Captain John M. Pruitt Eilene Beard W. Leo Choran Joe Pillitary 6/24/2003 4

5 REGULAR BCC AGENDA Continued 6. Written Communication Azalea Trace Bonds Motion made by Commissioner Dickson, seconded by Commissioner Barnhart, and carried unanimously, adopting the Resolution which authorizes the issuance by the Escambia County Health Facilities Authority of not exceeding $40,000,000 in Revenue Refunding Bonds for Azalea Trace, Inc., Series 2003, relative to the June 12, 2003, communication from Paula G. Drummond, General Counsel, Escambia County Health Facilities Authority. For Information: The certified affidavit establishing proof of publication for the Escambia County Health Facilities Authority s Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing held June 9, 2003, and the original Report of Hearing Officer were provided to the Clerk to the Board's Office, for filing with the Board's Minutes. Speaker(s): Paula G. Drummond Richard I. Lott 7. Proofs of Publication Motion made by Commissioner Barnhart, seconded by Commissioner Gilley, and carried unanimously, following confirmation from Doris Harris, Deputy Clerk to the Board, that the Clerk s Office had received the proofs of publication, waiving 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 six Public Hearings on the agenda: A. The 5:32 p.m. Public Hearing, advertised in the Pensacola News Journal on June 4, 2003, for consideration of adopting an Ordinance to revise Chapter 38, Emergency Services, Article III, Ambulances and Emergency Medical Services; B. The 5:33 p.m. Public Hearing, advertised in the Pensacola News Journal on June 15, 2003, for consideration of adopting an Ordinance establishing a temporary moratorium on building in certain sensitive areas; (Continued on Page 6) 6/24/2003 5

6 REGULAR BCC AGENDA Continued 7. Continued C. The 5:39 p.m. Public Hearing, advertised in the Pensacola News Journal on June 12, 2003, for consideration of adopting an Ordinance establishing a MSTU for the provision of mosquito control services; D. The 5:40 p.m. Public Hearing, advertised in the Pensacola News Journal on June 12, 2003, for consideration of adopting an Ordinance establishing a MSTU for the provision of fire control and prevention services; E. The 5:41 p.m. Public Hearing, advertised in the Pensacola News Journal on June 19, 2003, for consideration of adopting a Resolution concerning the Fiscal Year Fire Rate Resolution; and F. The 5:42 p.m. Public Hearing, advertised in the Pensacola News Journal on June 19, 2003, for consideration of adopting a Resolution concerning the Fiscal Year Fire Rate Resolution for Santa Rosa Island. For Information: The Public Hearings scheduled for 5:34 p.m., 5:35 p.m., 5:36 p.m., 5:37 p.m. and 5:38 p.m. will be continued to July 24, 2003 (see Page 8). 8. 5:32 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner Gilley, and carried unanimously, adopting the Ordinance (Number ) that revises (the Escambia County Code of Ordinances), Chapter 38, Emergency Services, Article III, Ambulances and Emergency Medical Services. Speaker(s) None. 6/24/2003 6

7 REGULAR BCC AGENDA Continued 9. 5:33 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner Barnhart, and carried unanimously, taking the following action concerning a temporary moratorium in certain areas (Air Installation Compatible Use Zone [AICUZ]) proximate to Naval Air Station (NAS) Pensacola: A. Conducting the second of two Public Hearings on June 24, 2003, at 5:33 p.m., and adopting the re-drafted Ordinance (Number ; at the June 5, 2003, first Public Hearing, the Board requested that Legal staff and Navy Personnel refine the proposed Ordinance and moratorium area), establishing a temporary moratorium in certain areas (AICUZ) proximate to NAS Pensacola so that the County may study possible land use mechanisms to prevent encroachment of incompatible land uses and to preserve private property rights; the moratorium imposed by the Ordinance will automatically expire upon either the adoption of an amendment to the Land Development Code creating a mechanism for prevention of further encroachment of incompatible land uses near NAS Pensacola without effecting a taking of, or imposing an inordinate burden upon, an existing use or a vested right to a specific use of private property, or on December 31, 2003, unless the Board, after notice and a Public Hearing, finds and determines that it is necessary to extend the moratorium for a limited and specified additional time period (as amended to eliminate the $300 fee for Alleviation of Hardship, Section 3.2, Page 4); and B. Authorizing the Chairman to execute same (Ordinance). For Information: The Board received, from Jay Weber, JBL Properties, Ltd., a four-page document consisting of a copy of the Preliminary Plat for Vizcaya and two maps depicting the Accident Potential Zones. Speaker(s): Captain John M. Pruitt Kathy Barber Jay Weber Sally Bussell Byron Keesler James Hinson Jesse W. Rigby Joe A. Schiller Alison Davenport Jim Davenport Gary Sansing 6/24/2003 7

8 REGULAR BCC AGENDA Continued Rescheduling Public Hearings Motion made by Commissioner Dickson, seconded by Commissioner Barnhart, and carried unanimously, approving Items 10 through 14, as follows: 10. Rescheduling the June 24, 2003, Public Hearing at 5:34 p.m., to July 24, 2003, at 5:35 p.m., to consider adopting an Ordinance (amending Ordinance Number 99-15), setting forth the procedure for application of bank-eligible obligation issuance fees; providing for refund of issuance fees under certain circumstances; providing for inclusion in the Code (of Ordinances); providing for severability; and providing for an effective date. 11. Rescheduling the June 24, 2003, Public Hearing at 5:35 p.m., to July 24, 2003, at 5:31 p.m., for consideration of adopting an Ordinance repealing Ordinance granting an Economic Development Ad Valorem Tax Exemption (EDATE) for Starter Corporation. 12. Rescheduling the June 24, 2003, Public Hearing at 5:36 p.m., to July 24, 2003, at 5:32 p.m., for consideration of adopting an Ordinance repealing Ordinance granting an Economic Development Ad Valorem Tax Exemption (EDATE) for Network Telephone Corporation. 13. Rescheduling the June 24, 2003, Public Hearing at 5:37 p.m., to July 24, 2003, at 5:33 p.m., for consideration of adopting an Ordinance repealing Ordinance granting an Economic Development Ad Valorem Tax Exemption (EDATE) for Marina Management (Corporation), as Lessor to Network Telephone Corporation. 14. Rescheduling the June 24, 2003, Public Hearing at 5:38 p.m., to July 24, 2003, at 5:34 p.m., for consideration of adopting an Ordinance repealing Ordinance granting an Economic Development Ad Valorem Tax Exemption (EDATE) for Breathing Systems Incorporated. 6/24/2003 8

9 REGULAR BCC AGENDA Continued 15. 5:39 p.m. Public Hearing Chairman Young advised that, without objection, the Board accepted, for filing with the Board's Minutes, a 22-page petition signed by numerous property owners who oppose the adoption of a Municipal Services Taxing Unit (MSTU) for the provision of Mosquito Control Services, as presented by Johnie Johnson. Motion made by Commissioner Barnhart, seconded by Commissioner Dickson, that the Board adopt an Ordinance establishing a Municipal Services Taxing Unit (MSTU) for the provision of Mosquito Control Services in all of the unincorporated areas, as well as within the City of Pensacola and the Town of Century, subject to approval, by Ordinance, by said municipalities, and the motion failed 2-3, with Commissioner Banjanin, Commissioner Gilley and Commissioner Young voting "no." Speaker(s): Kathy Barber John Otnes Johnie Johnson Evelyn Cook Sherri F. Myers Joe A. Schiller Dr. John Lanza Frankie Van Horn 6/24/2003 9

10 REGULAR BCC AGENDA Continued 16. 5:40 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner Barnhart, that the Board adopt an Ordinance establishing a Municipal Services Taxing Unit (MSTU) for the provision of Fire Control and Prevention Services to be levied in the unincorporated areas of the County and within the Town of Century, subject to approval, by Ordinance, by the governing body of the Town of Century, and the motion failed 2-3, with Commissioner Banjanin, Commissioner Gilley and Commissioner Young voting "no." For Information: The Board received, as additional backup, a four-page document entitled Escambia County Fire-Rescue 5-Year Plan Summary. Speaker(s): Kimberly D. Benjamin John Otnes Wayne McGlothren Harold M. Pool Byron Keesler Johnie Johnson Joe A. Schiller Jim May Brian Caro Christina Perkins CHAIRMAN YOUNG RELINQUISHED THE CHAIR TO VICE CHAIRMAN BANJANIN. 6/24/

11 REGULAR BCC AGENDA Continued 17. 5:41 p.m. Public Hearing Motion made by Commissioner Young, seconded by Commissioner Barnhart, and carried 3-2, with Commissioner Banjanin and Commissioner Gilley voting no, taking the following action concerning the Fiscal Year Fire Rate Resolution: A. Ratifying the scheduling and advertising of the 5:41 p.m. Public Hearing; and B. Adopting the Resolution approving the schedule for the (Fiscal Year) Non Ad-Valorem Special Assessments for Fire Protection Services, as amended to reflect an annual assessment of $75 per year for residential property, $.0340 per square foot for commercial property and $9.88 per parcel plus $.03 per acre for vacant property. Speaker(s) None. VICE CHAIRMAN BANJANIN RELINQUISHED THE CHAIR TO COMMISSIONER YOUNG :42 p.m. Public Hearing Tabled The Board was advised by Chairman Young that the 5:42 p.m. Public Hearing, for consideration of taking the following action concerning the Fiscal Year Fire Rate Resolution for Santa Rosa Island, was tabled: A. Ratifying the scheduling and advertising of the 5:42 p.m. Public Hearing; and B. Adopting the Resolution approving the schedule for the (Fiscal Year) Non Ad-Valorem Special Assessments for Fire Protection Services for Santa Rosa Island (the proposed annual rates are $ for residential properties; $.3100 [per square foot] for commercial properties; and $63.84 per parcel plus $.03 per acre for vacant properties). 6/24/

12 CLERK OF THE CIRCUIT COURT'S REPORT Presented by Wanda M. McBrearty Clerk s Deputy Finance Director I. CONSENT AGENDA 1-4. Approval of Consent Agenda Items Motion made by Commissioner Banjanin, seconded by Commissioner Gilley, and carried unanimously, approving Consent Agenda Items 1 through 4, as follows: 1. Accepting, for filing with the Board's Minutes, the following seven Reports prepared by the Clerk's Finance Department: A. The following two Payroll Expenditures: (1) As of Payday June 6, 2003, in the amount of $1,172,747.31; and (2) As of Payday June 20, 2003, in the amount of $1,613,006.71; B. The following three Disbursement of Funds: (1) From May 29, 2003, to June 4, 2003, in the amount of $8,672,689.29; (2) From June 5, 2003, to June 11, 2003, in the amount of $2,531,149.50; and (3) From June 12, 2003, to June 18, 2003, in the amount of $7,247,262.84; C. Tourist Development Tax Collections for the month of May 2003, reflecting April returns; and D. Investments for the month ended May 31, /24/

13 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Consent Agenda Items Continued 2. Approving the following Minutes and Reports prepared by the Clerk to the Board s Office: A. The Minutes of the Regular Board Meeting held June 5, 2003; B. The Report of the Agenda Review Meeting held June 5, 2003; and C. The Report of the Public Forum Work Session held June 5, 2003, as follows: 1. FOR INFORMATION: The Board heard the request from John R. Markham, George Markham & Sons Signs Company, for clarification concerning late delivery of signs (relative to Board action of September 5, 2002, which awarded a Contract for PD , purchase of two Marquee L.E.D. Message Boards for the Pensacola Civic Center, to C & S Signs), and was advised by Mr. Markham that he was recently contacted by Civic Center management concerning installation of tri-panels, which was part of the bid project, and: A. Was advised by Jean A. Kassab, Director, Administrative Services, that the tri-panels have been delivered; and B. Heard the request from County Administrator Touart that Ms. Kassab contact SMG and follow-up with Mr. Markham with the project status. 2. FOR INFORMATION: The Board heard the request from Gary Sansing that Escambia County hire an Urban Planner to address Pensacola Naval Air Station (NAS) encroachment issues in order to prevent incompatible land uses and preserve the Navy s mission. 3. Approving, and ratifying the Vice Chairman s execution of, the Modification to Agreement Between the State of Florida Department of Community Affairs and the Escambia County Board of County Commissioners, which reflects an end date of September 30, 2003, and replaces Attachment A, Budget and Scope of Work, relative to the Board s February 20, 2003, action acknowledging the award of Residential Construction Mitigation Program State-Funded Subgrant Agreement Number 03-RC /24/

14 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-4. Approval of Consent Agenda Items Continued 4. Accepting, for filing with the Board s Minutes, Report No , an Operational Audit of the Escambia County District School Board for the period of July 1, 2001, through June 30, 2002, as provided to the Clerk of Court s Finance Administration by William O. Monroe, CPA, Auditor General, State of Florida. II. FOR INFORMATION 1. Analysis Concerning Tourist Tax Allocations Information concerning the Clerk s recommendation that: A. Tourist tax funding of the Pensacola Civic Center level be restored to a level proportionate to levels of previous years; and B. Funding of Civic Center operating costs be provided for prior to funding of outside agencies. Note: The Board took no action concerning this item; however, Commissioner Dickson requested that Jean A. Kassab, Director, Administrative Services, provide follow-up information to the Board. COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Consent Agenda Items Motion made by Commissioner Banjanin, seconded by Commissioner Dickson, and carried unanimously, approving Consent Agenda Items 1 through 21, as follows: 1. Adopting the Resolution opposing the removal of citrus tariff (supporting no reduction in the current United States tariff on imported citrus products), in support of Florida citrus growers, as requested by Jim Fowler, Chairman, Board of County Commissioners, Citrus County, Florida, in a letter dated May 21, /24/

15 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 2. Taking the following action concerning one reappointment to the West Florida Regional Library Board of Trustees: A. Waiving the Board s policy Section I, Part B. 1. (D), Appointment Policy and Procedures; and B. Reappointing Ms. Mary Todd to serve another four-year term, effective August 1, 2003, through July 31, Approving Commissioner Bill Dickson s appointment of Gene M. Valentino to serve as an Executive Committee member on the Escambia Marine Advisory Committee. 4. Approving the Requests for Disposition of Surplus Equipment to be sold as surplus or appropriately disposed of, all of which are described on 63 requests, as provided by various County Departments for the reasons stated on each, and 1 reinstatement of equipment. 5. Approving the (Emergency Medical Services) Certificate of Public Convenience and Necessity for Lifeguard Air Ambulance, Inc., (for the provision of Advanced Life Support services), effective July 7, 2003, and expiring December 31, Approving the termination of Code Enforcement Services to the Town of Century, in accordance with Section 6 of the Interlocal Agreement approved by the Board on November 19, 2002 (recorded in Official Records at Book 5016, Page 1669). 7. Taking the following action concerning the Non-Exclusive License Agreement between Escambia County and Pensacola Wave Runners, Inc.: A. Approving the Non-Exclusive License Agreement between Escambia County and Pensacola Wave Runners, Inc., for use of a parcel of property at the North End of Jamesville Road on the closed Beulah Landfill; and B. Authorizing the Chairman to sign the Non-Exclusive License Agreement. 6/24/

16 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 8. Taking the following action concerning the tentative Detailed Work Plan Budget for Arthropod Control: A. Approving the tentative Detailed Work Plan Budget Arthropod Control (in the total amount of $517,382 [$465,027 funded by Escambia County and $52,355 funded by State of Florida Department of Agriculture and Consumer Services Grant funds]), for Fiscal Year ; and B. Authorizing the Chairman to sign this document 9. Taking the following action regarding real property at 2500 North Palafox Street (located within the designated Palafox Redevelopment Area and Brownfield Area): A. Approving the Agreement for Voluntary Environmental Site Assessment Analysis, herein referred to as the Agreement, between Escambia County, Florida, and the property owner, Mr. Garry Crook, Vision Construction Ent, Inc.; and B. Authorizing the Chairman to sign this Agreement and amendments to this Agreement. 10. Authorizing staff to negotiate the purchase of approximately acres on Sandy Bay Drive from David McDonald, for a parcel of property that is being utilized as County road right-of-way, and authorizing payment of all closing costs not to exceed $2,500. 6/24/

17 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 11. Taking the following action concerning Big Oak Subdivision (a 50-lot residential subdivision, located west of W Street on Van Pelt Lane, developed by Ron Ward): A. Approving the Final Plat (Permit # ) of Big Oak Subdivision for recording; prior to recording, the County Engineer, the Clerk of the Circuit Court, and the Director of Growth Management must sign the Final Plat, as set forth in Section E. of the Escambia County Code; B. Approving the street name Last Big Tree Lane ; C. Accepting the public road paving and drainage improvements, including Parcel A (0.215 acre detention pond) and Parcel B (0.10 acre detention pond), and public easements, as depicted on the Final Plat, for permanent County maintenance; and D. Authorizing the Chairman or Vice Chairman to execute and sign a Two-Year Warranty Agreement. 12. Taking the following action concerning Kings Road retention ponds in Westchester and Ashford Park, Phase 1 (Subdivisions): A. Accepting two retention ponds, including Common Area "C" Retention Pond in Westchester (0.14 acre retention/detention pond), and Common Area F Retention Pond in Ashford Park, Phase 1 (0.3 acre retention/detention pond), for permanent County maintenance; B. Accepting Warranty Deeds for the subject retention/detention ponds; and C. Authorizing the Chairman or Vice Chairman to sign the Warranty Deeds. 6/24/

18 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 13. Taking the following action regarding Railroad Traffic Control Reimbursement Agreements with the State of Florida Department of Transportation and CSX Transportation, Inc. (Funding: Fund 175, Traffic Control Program Operating Budget, Fiscal Year ): A. Adopting the Resolution for Grade Crossing Traffic Control Agreement (Devices) and Future Responsibility that authorizes the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court to sign the Agreements; and B. Approving the Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices County, for proposed construction, reconstruction or changing a portion of the existing rail/highway crossing at East Roberts Road. 14. Taking the following action regarding Railroad Traffic Control Reimbursement Agreements with the State of Florida Department of Transportation and CSX Transportation, Inc. (Funding: Fund 175, Traffic Control Program Operating Budget, Fiscal Year ): A. Adopting the Resolution for Grade Crossing Traffic Control Agreement (Devices) and Future Responsibility that authorizes the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court sign the Agreements; and B. Approving the Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices County, for proposed construction, reconstruction or changing a portion of the existing rail/highway crossing at Johnson Avenue. 15. Taking the following action regarding the request from the Town of Century for a Utility Easement over County-owned property (to allow for the installation of an underground storm sewer line within an existing drainage ditch): A. Approving to grant a Utility Easement to the Town of Century, subject to Legal sign-off; and B. Authorizing the Chairman or Vice Chairman to sign all documents related to this request. 6/24/

19 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 16. Scheduling a Public Hearing for consideration to amend Chapter 94, Article l, Section 94-1 and Chapter 94, Article ll, Division 2, Section 94-46; load, weight, size limitations, etc.; Ordinance Regulating the Movement of Traffic and Parking in Escambia County for Thursday, July 24, 2003, at 5:30 p.m. 17. Rescinding the Board s action taken March 6, 2003, awarding a Contract to Quantum Resources, Corporation, for Temporary Employment Services, PD (since Quantum Resources was unable to become post-award compliant). 18. Ratifying the Vice Chairman s signature for the (State of Florida, Agency for Workforce Innovation [AWI]) Workfare Food Stamp Employment and Training Contract Number FS008, Amendment Number 1 (which transfers $15,000 from the Services category to the Participant Transportation category). 19. Taking the following action regarding two appointments to the Workforce Escarosa, Inc., Board of Directors: A. Appointing Mr. L. David Riley, Jr., Area Supervisor, State of Florida Department of Education, Division of Vocational Rehabilitation, to serve as a mandated member on the Workforce Escarosa Board, with no expiration date; and B. Reappointing Mr. Jay F. Cowick, (Business Manager of) Plumbers and Steamfitters Local Union No. 366, to serve an additional three-year term, effective June 30, 2003, through June 30, /24/

20 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 20. Taking the following action, pursuant to Board of County Commissioners Policy, Section I, Part B., 1., Appointment Policy and Procedures, concerning establishment of a seven (7) member Fire Prevention Code Board of Appeals (FPCBA), as mandated by Section , Florida Statutes, and the Fire Prevention Code, 2000 Edition, effective January 1, 2002, and subsequently adopted by the State of Florida, Section 1-8, Board of Appeals: A. Authorizing advertisement for the establishment of a FPCBA, seeking qualified individuals to serve, on a volunteer basis, on the FPCBA, with members and alternate members being appointed by the appointing official of the jurisdiction by reason of education, experience, and knowledge, and being deemed competent by the appointing official to sit in judgment on matters concerning NFPA 1 (National Fire Prevention Association), Fire Prevention Code, and its enforcement; B. Approving that FPCBA members shall: (1) Not be officers, agents, or employees of the jurisdiction; (2) Serve for a term of three years, except for the initial appointees, who shall serve as follows: two for a term of one year, two for a term of two years, and three for a term of three years; (Continued on Page 21) 6/24/

21 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 20. Continued B. Continued (3) Not sit in judgment on any case in which the member, personally, is directly interested; and (4) Be a resident of Escambia County, Florida, as required by Escambia County Appointee Residency Requirement Ordinance Number , adopted by the Board at its March 20, 2003, Regular Board Meeting, with an effective date of March 25, 2003, which provides for an Escambia County residency requirement for appointments by the Board of County Commissioners to any County board, commission, or formal or informal advisory group; C. Approving that the FPCBA shall: (1) Establish rules and regulations for conducting business and render all decisions and findings, in writing, to the authority having jurisdiction, with a copy to the appellant; (2) Provide for reasonable interpretation of the provisions of the Fire Prevention Code and rule on appeals from decisions of the authority having jurisdiction; and (3) Meet whenever directed by the appointing authority to interpret provisions of the Fire Prevention Code and consider and rule on any properly filed appeal from a decision of the authority having jurisdiction, giving at least five days notice of hearing, but in no case fail to meet on an appeal within 30 calendar days of the filing of the notice of appeal, with all meetings of the FPCBA being open to the public; and (Continued on Page 22) 6/24/

22 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 20. Continued D. Authorizing the County Administrator, or his designee, to select seven (7) qualified individuals from the resumes submitted to comprise the FPCBA, and provide a recommendation back to the Board for final approval of the applicants selected, with organizational and regular meetings of the FPCBA to commence immediately upon official appointment and establishment. 21. Scheduling two Public Hearings, the first of two for July 24, 2003, at 5:48 p.m., and the second of two for August 7, 2003, at 5:47 p.m., to review and adopt an Ordinance to the Land Development Code (Ordinance 96-3, as amended); amending portions of Article 3 (Definitions), and Article 6 (Zoning Districts), pertaining to multifamily dwellings and to include in the R-4, C-1, and C-2 Zoning Districts a reference to the Comprehensive Plan regarding new residential uses in the Commercial Future Land Use Category; repealing Sections C.8 and M; providing for severability; providing for inclusion in the Code; and providing for an effective date. 6/24/

23 COUNTY ADMINISTRATOR S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Approval of Consent Agenda Items Motion made by Commissioner Banjanin, seconded by Commissioner Gilley, and carried unanimously, approving Consent Agenda Items 1 through 17, as follows, as amended to drop Items 10 and 13 for further staff review: 1. Taking the following action concerning an emergency award of a Contract for Engineering Services for Hydraulic Lift Retrofit: A. Declaring the Hydraulic Lift Retrofit of the Escambia County Transit Garage to be an emergency within the definitions of the County s Procurement Ordinance and Florida Statutes (Chapter) , and the BCC further finds that further delays will result in an adverse affect on the public safety and welfare as presented by the unsatisfactory condition of the Transit Facility hydraulic lifts and that continued delay in repair shall result in inadequate service to the County Transit and Public Safety Vehicles; B. (Approving that) pursuant to (Chapter) , Florida Statutes, the Consultants Competitive Negotiations Act (CCNA), the BCC hereby certifies this event as an emergency and thereby selects H. M. Yonge & Associates, Inc., as the best available qualified firm to undertake this design service; and C. Awarding PD , Engineering Services for Hydraulic Lift Retrofit for the Escambia County Transit Garage, to H. M. Yonge & Associates, Inc., not to exceed $40,000; Funds are available in Account Number , Fiscal Year 2002 FTA (Federal Transit Administration) Grant Fund. 2. Adopting the Resolution approving Supplemental Budget Amendment Number 146, in the amount of $15,000, Fund 001, Cost Center , to appropriate funds received from the State of Florida, Department of Health, Escambia County Health Department, for mosquito sampling and surveillance activities. 6/24/

24 COUNTY ADMINISTRATOR S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 3. Adopting the Resolution approving Supplemental Budget Amendment Number 147, to recognize additional funding in the Community Work Experience Grant Program, Fund 110, Account , and appropriate accordingly into Cost Center and Fund 001, Cost Center , in the amount of $262, Adopting the Resolution approving Supplemental Budget Amendment Number 148 to recognize additional funding in the Workfare-Food Stamp Employment and Training Program, Fund 110, Account , and appropriate accordingly into Cost Center and Fund 001, Cost Center , in the amount of $382, Approving Budget Amendment Number 149, Misdemeanor Probation Fund (114), in the amount of $11,500, to recognize an increase in personnel costs. 6. Approving the following action regarding the 4th of July 2003 Parking Agreement for July 4, 2003, between Escambia County Board of County Commissioners (County) and the Seville Improvement Board (SIB): A. Approving the Agreement with the following stipulations for the parking lot: (1) SIB agrees to act as an agent for the County on July 4, 2003, to oversee and manage the County parking lot located on the corner of 9th Avenue and Chase Street; (2) A parking fee of $5 per vehicle will be collected on behalf of the County by SIB; and (3) As compensation for the services provided by SIB on behalf of the County, County agrees to pay SIB sixty-six and two-thirds percent (66 2/3%) of the amount collected by SIB and tendered to County and thirty-three and one-third percent (33 1/3%) to Boy Scouts Troop 403; SIB accepts responsibility for assuring that County s portion of the amount is donated to the Boy Scouts Troop 403; and B. Authorizing the Chairman or Vice Chairman to execute the document. 6/24/

25 COUNTY ADMINISTRATOR S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 7. Approving the Miscellaneous Appropriations Agreement between Escambia County and United Way of Escambia County, Inc., as Fiscal Agent for Healthy Kids Escambia, in the amount of $10,166, to be paid from the General Fund (001) Cost Center , Account Number Taking the following action concerning an amendment to the 1999, 2000, and 2001 Escambia Consortium Annual Action Plans: A. Approving an Amendment to the 1999, 2000, and 2001 Escambia Consortium Annual Action Plans regarding Community Development Block Grant (CDBG) #B- 99-UC , #B-00-UC , and #B-01-UC , and HOME Investment Partnership Act (HOME) Grant #M-99-DC to provide for: (1) Reallocation of $420,584 in 1999, 2000, and 2001 CDBG funds to: increase the total allocation for Parks and Recreation Improvements within designated CRA neighborhoods ($10,953); increase the allocation for sidewalk, street and related improvements within the Lakewood Subdivision in Warrington ($20,738); provide funds for needed renovations and improvements to the existing Council on Aging/Mid-County Senior Citizens Center ($138,893); provide funds to acquire a new fire rescue vehicle for the Century Volunteer Fire Department ($250,000); and (2) Reallocation of $108,000 in 1999 City of Pensacola HOME funds to increase the City s total allocation for substantial rehabilitation/reconstruction of severely substandard owner occupied housing; and B. Authorizing the Chairman or Vice Chairman to execute the amendment for forwarding to the U. S. Department of Housing and Urban Development, and to execute related documents as required to implement the various project activities. 9. Awarding a Task Order, Number C.F.3.ENG, based on Contract C, to HDR Engineering, Inc., for design, engineering and environmental services for the LiFair Drainage Project, for an amount of $78, (Funding Source: Fund 351, Local Option Sales Tax Extension ). 6/24/

26 COUNTY ADMINISTRATOR S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 10. Approving to drop, for further staff review, the recommendation that the Board approve the purchase of two IBM Storage Servers from Berbee Information Networks, for a total amount of purchase of $92,458, quoted lower than the Florida State Contract price; the funds are available in the current (Fiscal Year ) Budget, General Fund 001, Cost Center , Object Code Approving the following funds and authorizing the County Administrator to execute the following (Change Order) (Funding source: Fund 401, Enterprise Fund): Department: Solid Waste Management Type: Addition Amount: $40, Vendor: Thompson Tractor Project Name: N/A Contract: N/A Purchase Order Number: Change Order Number: 1 Original Award Amount: $46, Cumulative Amount of Change Orders through Number 1: $40, New Contract Total: $86, Authorizing the settlement of a Workers Compensation claim for Vernon Drury, in the amount of $100,000, inclusive of all attorney s fees and costs; the claimant will also execute a General Release and Waiver of Employment; the funds are available in the current (Fiscal Year ) Budget, Fund 509, Cost Center , Object Code Approving to drop, for further staff review, the recommendation that the Board authorize the settlement of a Workers Compensation claim for David Krause, in the amount of $105,000, inclusive of all attorney s fees and costs; the claimant will also execute a General Release and Waiver of Employment; the funds are available in the current (Fiscal Year ) Budget, Fund 509, Cost Center , Object Code /24/

27 COUNTY ADMINISTRATOR S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Consent Agenda Items Continued 14. Awarding a Unit Price Contract, PD , Perdido Landfill Scalehouse Relocation, to Gulf Equipment Corporation, providing for the construction of a replacement Scalehouse facility at Perdido Landfill, for a total amount of $384,017; funding available in the Solid Waste Enterprise Fund 401, Cost Center , Object Code Taking the following action concerning PD , Workers Compensation Self-Insurance Services: A. Awarding a Contract for PD , Workers Compensation Claims Third Party Administration, with the effective date of July 1, 2003, in the amount of $96,600, for a period of one year with the option to extend the Contract for two additional one-year periods up to the total of three years, in accordance with the terms and conditions of the solicitation, to Summit Claims Management, Inc. (Funding Source: Cost Center , Object Code 53401). B. Awarding a Contract for PD , Workers Compensation Managed Care Services, with the effective date of July 1, 2003, in the amount of $36,110, for a period of one year with the option to extend the Contract for two additional one-year periods up to the total of three years, in accordance with the terms and conditions of the solicitation, to Heritage Summit Healthcare, Inc. (Funding Source: Cost Center , Object Code 53101). 16. Approving the renewal of the Food Stamp Employment and Training Contract with the State of Florida, Agency for Workforce Innovation (AWI), Contract Number FS012, Grant Number 91833/FSG04 (A40142), CFDA Number , beginning July 1, 2003, through June 30, 2004, in the amount of $366, Approving the Contract for continuation of the Welfare Transition-Community Work Experience Program with Workforce Escarosa, Inc., Contract Number WT , CFDA Number , beginning July 1, 2003, through June 30, 2004, in the amount of $250,622. 6/24/

28 COUNTY ADMINISTRATOR S REPORT Continued III. FOR DISCUSSION 1. Beach Safety Coordinating Committee Motion made by Commissioner Dickson, seconded by Commissioner Barnhart, and carried 4-1, with Commissioner Banjanin voting no, tabling, until the July 24, 2003, Regular Board Meeting, Commissioner Banjanin s request to create a Beach Safety Coordinating Committee made up of a panel of beach safety experts to determine how Escambia County officials should deal with the issue of beach safety. COUNTY ATTORNEY'S REPORT Janet Lander, County Attorney I. FOR CONSENT 1-2. Approval of Consent Agenda Items Motion made by Commissioner Dickson, seconded by Commissioner Gilley, and carried unanimously, approving Consent Agenda Items 1 and 2, as follows: 1. Directing the County Attorney s Office to initiate appropriate legal action to prevent issue of a tax deed and/or quiet title to property obtained by the County from Brownsville Resources and Outreach Center, Inc. (BROC). 2. Authorizing the filing of the following five Notices of Lien and the publication of the Public Notices: Juanita Dale Knight $1, Basin Street Upper Forty-Eight, Inc. $ North W Street Minnie Wingate, James Wingate, Frank Turner $ North Merritt Street Bobby L. Hayes, Jr., Kasandra Hayes $ Massachusetts Avenue Gerda A. Turner $ Massachusetts Avenue 6/24/

29 COUNTY ATTORNEY'S REPORT Continued II. FOR DISCUSSION 1. Conveyance of County Property on State Road 10A Motion made by Commissioner Barnhart, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning conveyance of County property on State Road 10A: A. Adopting the Resolution authorizing conveyance of County property on State Road 10A to the State of Florida Department of Transportation (FDOT); B. Authorizing the Chairman to sign the Quitclaim Deed transferring the County s interest in property on State Road 10A to the FDOT for construction purposes; and C. Authorizing the Chairman to sign the acceptance on a Quitclaim Deed from the FDOT for the same property on State Road 10A, once the FDOT has completed its construction work. 2. Property Purchase for Perdido Landfill Expansion Motion made by Commissioner Barnhart, seconded by Commissioner Dickson, that the Board approve the following modifications to the Board s action of May 1, 2003, regarding the property purchase (from E. K. Skip Edwards, President, Tex Edwards Co., Inc.) for the Perdido Landfill expansion, and the motion failed 3-2, with Commissioner Banjanin and Commissioner Gilley voting "no" (County Attorney Lander advised that a 4/5 vote was required to approve Item B of the recommendation; therefore, the motion to approve the recommendation failed): A. Approve the acquisition of the property with the understanding that the seller will convey (1) the property, and (2) the oil, gas, and mineral rights (subsurface rights) for the first 100 feet below the surface; B. Approve the purchase price of $849,999.66, which exceeds the average of the two appraisals obtained by staff by $2,499.66; C. Authorize payment for any additional costs for title insurance for the conveyance of the subsurface rights; and D. Approve the property purchase (subject to Legal sign-off) in accordance with the Board s action of May 1, /24/

30 COUNTY ATTORNEY'S REPORT Continued II. FOR DISCUSSION Continued 3. Indigent Criminal Conflict Contracts Motion made by Commissioner Dickson, seconded by Commissioner Gilley, and carried unanimously, awarding the 1/2 Indigent Criminal Conflict Contract of deceased Attorney James Stokes, and authorizing the County Attorney's Office to coordinate execution of new Contracts, as follows: A. Attorney Richard Hill (1/4 Contract) to take the juvenile cases, with an effective date of June 17, 2003; and B. Attorney Michelle Hendrix (1/4 Contract) to take the misdemeanor cases, with an effective date of June 17, III. FOR INFORMATION 1. Faith Baptist Fellowship and Elder Kent Hovind, Trustee for Faith Baptist Fellowship v. Escambia County / Case Number: 1D The Board was advised by County Attorney Lander that the Appellants filed a Notice of Voluntary Dismissal with the District Court of Appeal on June 4, 2003 in the above-referenced case. ITEMS ADDED TO THE AGENDA COMMISSIONER CLIFFORD W. BARNHART 1. Board of Adjustment Appointment Motion made by Commissioner Barnhart, seconded by Commissioner Dickson, and carried unanimously, confirming the appointment of Marvin Kaiman, 2370 Connell Drive, Pensacola, Florida, 32503, to the Escambia County Board of Adjustment (to replace Williemae Stanberry, who resigned), effective July 1, 2003, with Mr. Kaiman s appointment to run concurrent with Commissioner Barnhart s term of office. 6/24/

31 ITEMS ADDED TO THE AGENDA - COMMISSIONER MARIE K. YOUNG 1. Sale of Former Stalnaker/Mazda Property Motion made by Commissioner Barnhart, seconded by Commissioner Gilley, and carried 4-1, with Commissioner Dickson voting no, accepting the offer (and approving the June 24, 2003, Beck Property Company, Inc., Commercial Sales Contract ) with Southern Eagle Corporation (Buyer), for the purchase of the former Stalnaker/Mazda property, located at 6385 Pensacola Boulevard, at the purchase price of $1,600,000, with the following Contract amendments: A. Section 2, Terms and Purchase Price, Page 1, is amended as follows: Seller to provide any existing Phase I and Phase II Environmental Assessments. Seller to provide asbestos and lead-free certification B. Section 11, Attorney s Fees and Costs, Page 4, is amended as follows: In any claim or controversy arising out of or relating to this Contract, the prevailing party, which for purposes of this provision shall include BUYER, SELLER, and Broker, shall be awarded reasonable attorney s fees, costs and expenses. Each party shall be responsible for its own attorney s fees. C. Section 14, Page 4, is amended to reflect that, at closing, the Buyer, and not the Seller, will pay for the Credit Report. Speaker(s): Gregg Beck 6/24/

32 ANNOUNCEMENTS None. ADJOURNMENT There being no further business, Chairman Young declared the Regular Meeting of the Board of County Commissioners adjourned at 11:00 p.m. BOARD OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLORIDA By: Marie Young, Chairman ATTEST: ERNIE LEE MAGAHA CLERK OF THE CIRCUIT COURT Deputy Clerk Approved: July 24, /24/