The Board heard comments from Barbara Mayall expressing gratitude toward the Board for supporting Escambia County Area Transit.

Transcription

1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD SEPTEMBER 20, 2007 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX 221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:29 p.m. pm. 6:23 p.m.) pm.) Present: Commissioner Kevin W. White, Chairman, District 5 Commissioner Marie K. Young, Vice Chairman, District 3 Commissioner Grover C. Robinson, IV, District 4 Commissioner Gene M. Valentino, District 2 (Regular Meeting Only) Commissioner D. M. Mike Whitehead, District 1 Mr. Robert R. "Bob" McLaughlin, Interim County Administrator Mrs. Janet Lander, County Attorney Mrs. Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services Mrs. Shirley L. Gafford, Program Coordinator, County Administrator s Office Mrs. Doris Harris, Deputy Clerk to the Board PUBLIC FORUM WORK SESSION I Click icon in the left margin for Public Forum Speaker Slips. Chairman White called the Public Forum Work Session to order at 4:29 p.m. pm. 1. FOR INFORMATION: The Board heard a complaint from Ricky Sapp concerning a decision of the Code Enforcement Special Magistrate and was advised by County Attorney Lander that Mr. Sapp can appeal the decision in Circuit Court. 2. FOR INFORMATION: The Board heard comments from Barbara Mayall expressing gratitude toward the Board for supporting Escambia County Area Transit. 3. FOR INFORMATION: The Board heard the request from Alexander Ilnyckyj that the Board reconsider the insurance requirements for roll-off trucks that carry solid waste material. 4. FOR INFORMATION: The Board heard comments from L. Gary Sansing regarding the events surrounding the announcement from former County Administrator George Touart of his retirement. 5. FOR INFORMATION: The Board heard comments from Keith Francis regarding the Pensacola Ice Pilots. 5:21 P.M. PM. PUBLIC FORUM ADJOURNED 5:34 P.M. PM. REGULAR BOARD MEETING CONVENED 9/20/2007 Page 1 of 59 lfc Ifc

2 REGULAR BCC AGENDA 1. Call to Order Chairman White called the Regular Meeting of the Board of County Commissioners to order at 5:34 p.m. pm. 2. Invocation lnvocaflon Chairman White advised that Dr. Michael Johnson, Sixth Avenue Baptist Church, would deliver the Invocation. 3. Pledge of Allegiance to the Flag Chairman White advised that Commissioner Valentino would lead the Pledge of Allegiance to the Flag. 4. Adoption of the Agenda I Click icon in the left margin for Meeting Speaker Slips. I Motion made by Commissioner Young, seconded by Commissioner Robinson, and carried unanimously, adopting the agenda as prepared and duly amended to include Commissioner White's three add-on items, one concerning Workforce Escarosa, Inc., one concerning funding for ECAT route restructure costs, and one concerning a MOU between the County, Classic Home Builders, Inc., Longview Plantation I, l, LLC, and DDJ Land Company, LLC; and Addendum #1 to the County Attorney's Report (Item III-1) /20/2007 Page 2 of 59 lfc Ifc

3 REGULAR BCC AGENDA Continued 5. Commissioners Forum 1736 A. District 4 The Board heard an apology to the public from Commissioner Robinson for his tardiness, because of emergency gall bladder surgery, in responding to s and phone messages that he has received in the last few days; B. District 1 The Board was advised by Commissioner Whitehead that: (1) The intent of the Board's discussion on Tuesday (September 18, 2007, at the Committee of the Whole Workshop), regarding the shooting range currently occupied by the Escambia River Muzzle Loaders (ERML), was to resolve a 15-year issue by establishing two options for the ERML, which are: (a) To secure land of their own; or (b) If the County decided to auction the shooting range, purchase it, and through the DRC (Development Review Committee) process, make the required improvements so that it is no longer a nuisance to the surrounding neighborhood; and (2) The Board recognizes the value of having a professional sports team in Pensacola; therefore, in the interest of maintaining the County's relationship with the Pensacola Ice Pilots, the Board is, in good faith, negotiating their Lease Agreement; and C. District 3 The Board heard comments from Commissioner Young expressing gratitude towards Dr. Michael Johnson for delivering the Invocation at tonight's meeting; furthermore, heard comments from Commissioner Young, on behalf of the Board, expressing sympathy to the family of Joe Morris, Jr., who passed away, and to Pastor Richard Hines, St. John Devine, who's wife, Anita Hines, passed away. 9/20/2007 Page 3 of 59 lfc Ifc

4 REGULAR BCC AGENDA Continued 6. Proclamations/SpecialRecognition Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, taking the following action concerning Proclamations/Special Recognition: A. Taking the following action concerning adoption/ratification of the following three Proclamations: (1) (1) Dropping (the recommendation to) adopt the Proclamation proclaiming November 11-17, 2007, as National Hunger and Homelessness Awareness Week in Escambia County; (2) (2) Ratifying the Proclamation dated September14, 2007, proclaiming September18, 2007, as Escambia County and AKC Responsible Dog Ownership Day ; and (3) (3) Ratifying the Proclamation dated September 4, 2007, expressing gratitude to the D.W. McMillan Foundation and the D.W. McMillan Trust for their generous philanthropic gifts to over 53 Escambia County, Florida, not-for-profit organizations and agencies; B. Recognizing, and presenting an Adopt A Spot sign to, Mr. John A. Cordray for his efforts in making Escambia County a better place to live; and C. Approving the presentation of a plaque recognizing Leslie H. Davis, D.V.M., for her dedicated service as an Appointee by Commissioner D. M. "Mike" Whitehead, District 1, from July 7, 2005, through April 3, 2007, and by Commissioners Janice E. Gilley and Kevin W. White from April 1, 2003, through April 25, 2005, to the Escambia County Citizens' Environmental Committee /20/2007 Page 4 of 59 lfc Ifc

5 REGULAR BCC AGENDA Continued 7. Employee of the Month Proclamations/Retirement Proclamations Motion made by Commissioner Valentino, seconded by Commissioner Young, and carried unanimously, adopting the following two Proclamations: A. The Proclamation commending and congratulating Alex Johnson, Equipment Operator IV, Road Department, Roads and Bridges Division, on his retirement after 33 years of dedicated service; and B. The Proclamation commending and congratulating Jimmy W. Johnson, Sr., Corrections Officer, Road Department, Road Prison Division, on his retirement after 25 years of dedicated service. 8. Written Communication A. Code Enforcement Lien Sandra Gilmore No action was taken concerning a communication, dated August21, 2007, from Sandra Gilmore concerning a Code Enforcement Lien against property located at Canal Drive (the Board was advised by Commissioner White that this communication has been referred to the October 18, 2007, Regular Board Meeting). B. Code Enforcement Lien Ms. Willie L. Holland Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, accepting, as payment in full, satisfaction of the Lien, as described, which would include payment of the fines incurred, post-acquisition of the property by Ms. Holland through the date of the Contract (for the demolition), plus payment of the hard costs, in the amount of $675 for the first hearing and $1,100 for the second hearing, and payment of the hard costs for the demolition (in the amount of $4,689), relative to a communication, dated August 22, 2007, from Ms. Willie L. Holland requesting that the Board consider removing a Code Enforcement Lien and fines from property located at 1510 Woodchuck Avenue. (Continued on Page 6) /20/2007 Page 5 of 59 lfc Ifc

6 REGULAR BCC AGENDA Continued 8. Continued C. 29 Devane Street See County Attorney's Report Item I-2 l-2 (Page 57) for the action taken regarding a communication, dated August 23, 2007, from Dr. Gabrieli A. Davis, Pastor/Teacher, True Love Community Baptist Church, requesting that the Board consider donating or selling the property at 29 Devane Street to True Love Community Baptist Church. 9. Proofs of Publication Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, waiving the reading of the legal advertisement(s) and accepting, for filing with the Board s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners Escambia County, Florida, Meeting Schedule, as follows: A. The following five Public Hearings on the agenda: (1) (1) The 5:32 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on August 9, 2007, for consideration of Fiscal Year ECAT Disadvantaged Business Enterprise Goals; (2) (2) The 5:33 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on September 10, 2007, for consideration of adopting an Ordinance repealing East Port Street Lighting Municipal Services Benefit Unit; (3) (3) The 5:34 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on September 15, 2007, for the purpose of receiving public comments concerning Escambia County Area Transit service route reductions; (4) (4) The 5:35 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on September 9, 2007, for consideration of adopting an Ordinance amending the requisite number of votes required to remove the County Administrator; and (Continued on Page 7) /20/2007 Page 6 of 59 lfc Ifc

7 REGULAR BCC AGENDA Continued 9. Continued A. Continued (5) The 5:45 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on September 19, 2007, for consideration of Vested Rights Determination Case ; and B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule September 17 September 21, 2007, Legal No , as published in the Pensacola News Journal on September 16, 2007, as follows: September17 3:00 p.m. pm. Department Directors September17 4:00 p.m. pm. West Florida Regional Planning Council September 17 5:01 p.m. pm. Board of County Commissioners Budget Public Hearing September17 5:30 p.m. pm. Marine Advisory Committee September18 8:30 a.m. am. Special Board of County Commissioners Meeting September18 9:00 a.m. am. Board of County Commissioners Committee of the Whole September18 1:30 p.m. pm. Environmental Enforcement Special Magistrate September18 4:00 p.m. pm. Heath Facilities Authority September19 8:00 a.m. am. Soil & Water Conservation Board September19 8:30 a.m. am. Board of Adjustment September19 9:00 a.m. am. Tourism Administration & Convention Committee September 19 10:00 a.m. am. Northwest Florida Regional Transportation Planning Organization Technical Working Group September 19 1:00 p.m. pm. Development Review Committee September 19 10:00 a.m. am. Northwest Florida Regional Transportation Planning Organization September 20 9:00 a.m. am. Agenda Work Session September 20 9:00 a.m. am. Board of Electrical Examiners September 20 1:30 p.m. pm. Environmental Enforcement Special Magistrate September 20 4:30 p.m. pm. Board of County Commissioners Public Forum September 20 5:30 p.m. pm. Board of County Commissioners Public Hearings & Reports September 21 2:00 p.m. pm. Grand Opening of Parks & Recreation Softball Complex NEXT WEEK S NOTE: September 24 8:30 a.m. am. Planning Board Workshop September 24 9:00 a.m. am. IMAGiNE lmagine Technical Committee September 24 4:30 p.m. pm. Rezoning Hearing Examiner September 24 5:01 p.m. pm. Board of County Commissioners Budget Public Hearing 9/20/2007 Page 7 of 59 lfc Ifc

8 'llliii REGULAR BCC AGENDA Continued 10. 5:31 p.m. Public Hearing Hearinq Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, rescheduling a Public Hearing from September 20, 2007, at 5:31 p.m., to October 18, 2007, at 5:31 p.m., to consider the Petition to Vacate a portion of Navy Street (width varies), approximately 6,098 square feet, or 0.14 acre, at the request of the Petitioner, LeMarc Properties, L.L.C., due to the fact that the Petitioner did not have the Notice of Public Hearing published as required by Chapter 336, Florida Statutes. Speaker(s) Speakerlsl None :32 p.m. Public Hearing Hearinq Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, taking the following action concerning Fiscal Year Escambia County Area Transit (ECAT) Disadvantaged Business Enterprise (DBE) goals: A. Ratifying the scheduling and advertisement of a Public Hearing for 5:32 p.m. on September 20, 2007, for the purpose of receiving comments concerning the Fiscal Year DBE goal of 5% established for the ECAT system; and B. Approving the Fiscal Year goal of 5% for ECAT for procurements receiving financial support from the Federal Transit Administration. Speaker(s) Speakerlsl None :33 p.m. Public Hearing Hearinq Motion made by Commissioner Robinson, seconded by Commissioner Young, and carried unanimously, adopting, and authorizing the Chairman to sign, an Ordinance (Number ) rescinding (repealing) the East Port Street Lighting Municipal Services Benefit Unit (Ordinance Number ) and all related documents, because the East Port Subdivision was annexed into the City of Pensacola. Speaker(s) Speakerlsl None /20/2007 Page 8 of 59 lfc Ifc

9 REGULAR BCC AGENDA Continued 13. 5:34 p.m. Public Hearing Hearinq Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Escambia County Area Transit (ECAT) route service changes required by Fiscal Year Budget constraints: A. Ratifying the Public Hearing scheduled for 5:34 p.m. pm. on September 20, 2007, for the purpose of receiving comments from the general public concerning the proposed ECAT service route reductions required to be effective during Fiscal Year ; and B. Approving the recommended service schedule, as follows: Weekday Service Route 41 Modified No Airport Service Route 42 Modified ECAT to Cordova Mall to PJC (Pensacola Junior College) Route 43 No Change Route 44 No Change Route 45 Modified to use ECAT Transfer Center Route 46 No Service; area partially serviced by Route 41 Route 47 Modified service part of old Route 63 Route 48 No Change Route 49 No Service see Route 50 Route 50 Modified to serve part of Route 49 Route 51 No Change Route 52 No Service see new Route 2 Route 53 No Service see new Route 2 Route 54 See new Route 58 Route 55 No Change Route 56 No Service see Route 53 Route 57 No Service Route 58 Modified to service old Route 54 Route 59 See new Route 1 Route 60 Modified to three trips daily between Century and ECAT Route 61 Modified to originate at ECAT (Continued on Page 10) /20/2007 Page 9 of 59 lfc Ifc

10 REGULAR BCC AGENDA Continued 13. Continued B. Continued Weekday Service Continued Route 62 No Service see Route 58 Route 63 Modified to service Airport Route 1 New old Route 59 Route 2 New ECAT, old Routes 52 and 53 Saturday Two-hour headway service on all above Routes, except hourly headways on Routes 42 and 45. Sunday Route 58 Route 61 Modified Service two-hour headway Originate at ECAT ADA Paratransit Service will be provided by Pensacola Bay Transportation during periods when regular route service is provided. Speaker(s) Speakerlsl None :35 p.m. pm. Public Hearing Hearinq Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting an Ordinance (Number ) amending Section 2-82 of the Escambia County Code of Ordinances concerning the requisite number of votes required to remove the County Administrator (providing for the removal of the County Administrator by no less than the affirmative votes of three members [formerly four] of the Board of County Commissioners). Speaker(s) Speakerlsl None /20/2007 Page 10 of 59 lfc Ifc

11 CLERK OF COURTS & COMPTROLLER S REPORT Honorable Ernie Lee Magaha, Clerk of the Circuit Court & Comptroller W I. CONSENT AGENDA 1-5. Approval of Various Consent Agenda Aqenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried 1811 unanimously, approving Consent Agenda Items 1 through 5, as follows: 1. Accepting, for filing with the Board's Minutes, the following three Reports prepared by the Clerk & Comptroller's Finance Department: A. Payroll Expenditures as of Payday September7, 2007, in the amount of $2,073,684.26; and B. The following two Disbursement of Funds: (1) August 30, 2007, to September 5, 2007, in the amount of $9,063,902.14; and (2) September 6, 2007, to September 12, 2007, in the amount of $4,729, = Accepting, for filing with the Board's Minutes, the Investment Report for the month ended 1811 August 31, 2007, as prepared by the Clerk & Comptroller's Finance Department. [i=3. 3. Accepting, for filing with the Board's Minutes, the Tourist Development Tax (TDT) 1811 i=4 Collections Data, for July 2007 returns received in the month of August 2007, as - prepared by the Clerk & Comptroller's Finance Department; total revenues received for the Fiscal Year represents 83% of the total revenue budgeted. 9/20/2007 Page 11 of 59 lfc Ifc

12 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 4. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk & Comptroller's Office: A. The Community Center License and Management Agreement with Boys & Girls Club of Escambia, Inc., based on the Board's February 5, 2004, action approving the Form of Agreement; B. A copy of the recorded Two-Year Warranty Agreement for Streets and Drainage Improvements Without Surety/Financial Security with Bear Marcus Pointe, LLC, regarding Enterprise Drive, as approved by the Board on January 23, 2007, and recorded in Official Records Book 6212, Page 237, on September 5, 2007; C. The Escambia County Ten-Year Transit Development Plan (TDP) , Final Report November 2006, as provided to the Clerk to the Board's Office on September 10, 2007, based on the Board's action of July 20, 2006, approving and adopting the TDP; D. The Proposed Operating and Capital Improvements Program Budget for the Emerald Coast Utilities Authority (ECUA), as provided by Debra Buckley, Director of Finance, ECUA, and received in the Clerk to the Board's Office on August 31, 2007; and E. Copies of the Minutes of the Santa Rosa Island Authority's Visioning Workshop held August 7, 2007, Budget Workshop held August 8, 2007, and the FY 2008 Budget Workshop/Special Board Meeting held August 22, /20/2007 Page 12 of 59 lfc Ifc

13 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Taking the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office: A. Approving the Minutes of the Public Hearing Regarding the Fiscal Year Non-Ad Valorem Special Assessments Roll held September 4, 2007, the Public Forum Work Session and Regular Board Meeting held September 6, 2007, and the Special Board Meeting held September 12, 2007; B. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work Session held September 6, 2007, as follows: 1. FOR INFORMATION: The agenda package for the 5:30 p.m., pm, September 6, 2007, Regular Board Meeting was reviewed as follows: A. County Administrator Touart, County Attorney Lander, Shirley L. Gafford, Robert R. "Bob" McLaughlin, Assistant County Administrator, Jean A. Kassab, Administrative Services, Richard Duane, P.E., County Engineer, and Ron Hixson, Solid Waste Management, reviewed the agenda cover sheet: B. Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services, reviewed the Clerk s Report; C. T. Lloyd Kerr, Planning and Zoning, reviewed the Growth Management Report; (Continued on Page 14) 9/20/2007 Page 13 of 59 lfc Ifc

14 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 'llflf'. E Continued B. Report of the September 6, 2007, Agenda Work Session Continued 1. Continued D. County Administrator Touart, County Attorney Lander, Shirley L. Gafford, and the following Department Directors/Staff reviewed the County Administrator's Report: Kevin Briski, Parks and Recreation T. Lloyd Kerr, Planning and Zoning Jean A. Kassab, Administrative Services Janice R. Kilgore, Department of Public Safety Robert R. "Bob" McLaughlin, Assistant County Administrator Claudia Simmons, Office of Purchasing Fred Wagner, County Attorney's Office Keith Wilkins, Neighborhood and Environmental Services Department E. County Attorney Lander reviewed the County Attorney s Report; and F. Commissioner Robinson and Commissioner White each addressed his add-on items. 2. FOR INFORMATION: Other issues were discussed as follows: A. County Administrator Touart advised that the agenda for the September13, 2007, Committee of the Whole Workshop includes the following issues, and County Attorney Lander requested that the agenda include discussion relative to amending the Board's Records and Retention Policy: Bid Protest Process Insurance Requirements for Solid Waste Management Permit Holders Rate Study for Tipping Fees (Continued on Page 15) 9/20/2007 Page 14 of 59 lfc Ifc

15 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued B. Report of the September 6, 2007, Agenda Work Session Continued 2. Continued A. Continued Scenic Highway Land Swap Sign Regulations Escambia River Muzzle Loaders Update Southwest Escambia County Sports Complex Fishing Bridge Update Bratt Property Exchange Gallery Night Participation Escambia County Area Transit Funding Commission Leadership Planning Workshop Follow-up Memorandum of Understanding Classic Homebuilders, Inc. B. County Attorney Lander advised that a citizen, Larry Hall, would probably appear before the Board during Public Forum and request that a matter be added to the agenda for the Regular Board Meeting regarding a Code Enforcement Lien, and the County Attorney's Office would recommend the Board release the Lien, which was recorded in Official Records Book 6050, Page 31. (Continued on Page 16) 9/20/2007 Page 15 of 59 lfc Ifc

16 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Accepting, for filing with the Board's Minutes, the Report of the August 23, 2007, Committee of the Whole Workshop, as follows: AGENDA NUMBER 1. Call to Order Chairman White called the Committee of the Whole to order at 10:25 a.m. am. 2. Was the Meeting Meetinq Properly Properlv Advertised? The C/W was advised by Patricia L. Sheldon, Clerk & Comptroller s Administrator of Financial Services, that the Meeting was advertised in the Pensacola New Journal on Sunday, August 19, 2007, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule August 20 August 24, 2007, Legal No Voting Votinq Equipment Purchase A. Discussion The C/W ClW discussed Voting Equipment Purchase, and heard the request from the Honorable David H. Stafford, Supervisor of Elections, that the Board consider utilizing Local Option Sales Tax funds to purchase the optical scanners and ballot-on-demand voting equipment for the Presidential Elections in August and November 2008; and B. Board Direction The C/W recommends that the Board approve the request of the Honorable David H. Stafford, Supervisor of Elections, to utilize $2 million in Local Option Sales Tax (LOST) funds to purchase voting equipment in Fiscal Year Recommended 4-0, with Commissioner Valentino absent (Continued on Page 17) 9/20/2007 Page 16 of 59 lfc Ifc

17 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 4. Escambia County Area Transit Funding Fundinq / Citizens Advisory Committee A. Discussion The C/W discussed Escambia County Area Transit Funding (ECAT) / Citizens Advisory Committee, and the C/W: (1) (Continued on Page 18) (1) Heard the suggestion from Commissioner Whitehead that a non-binding Referendum be placed on the January 2008 Ballot (for the Presidential Preference Primary) to determine whether or not citizens would support the continued operation of ECAT, utilizing a dedicated source of revenue, which would be an additional Local Option Gas Tax (LOGT); (2) (2) Heard the request from Commissioner Robinson that the Board schedule a Public Hearing regarding ECAT, after meeting with the Pensacola City Council on Monday, August 27, 2007; (3) (3) Was advised by County Attorney Lander that the Board could enact an Ordinance imposing a funding source for ECAT, subject to voter approval of a Referendum, regarding Commissioner Whitehead's inquiry concerning the possibility of a binding Referendum for voter approval for operation of ECAT, with an additional LOGT to be utilized as the funding source; (4) (4) Heard the suggestion from Commissioner White that the Board consider a tax on rental vehicles as a funding source for ECAT; and 9/20/2007 Page 17 of 59 lfc Ifc

18 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 4. Continued A. Continued (5) Heard the request from Willie C. Taylor, Assistant County Administrator, that the Board establish a Citizens Advisory Committee, jointly with the City of Pensacola, and that the County's representatives include himself, Larry Newsom, Transportation and Traffic Operations Manager, and Marilyn Wesley, Director, Community Services; and B. Board Direction None. 5. West Florida Regional Library Funding Fundinq A. Discussion The C/W discussed West Florida Regional Library Funding, and was advised by County Administrator Touart that the Board had directed staff to reduce the Library Budget to Fiscal Year funding levels, plus any pay increases that occurred during the year; however, since the Board had discussed the possibility that the County would assume Library Services, this issue would be discussed at the meeting with the Pensacola City Council on August 27, 2007; and B. Board Direction None. (Continued on Page 19) 9/20/2007 Page 18 of 59 lfc Ifc

19 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 6. Year-End Capital Project List A. Discussion The C/W heard an overview concerning the Year-End Capital Project List, by Robert R. "Bob" McLaughlin, Assistant County Administrator, who advised that, regarding the Clay Street Resurfacing Project, staff was drafting a letter to the railroad requesting that the County be allowed to install a crossing without the mechanicals; however, the railroad had advised that crossing gates would be required; and B. Board Direction The C/W recommends that the Board approve the Year- End Capital Project List. Recommended 3-0, with Commissioner Robinson temporarily out of Board Chambers and Commissioner Valentino absent 7. "Voting "Votinq Conflict Analysis" A. Discussion The C/W viewed and discussed a PowerPoint Presentation, which was also provided in hard copy, entitled, Voting Conflict Analysis, presented by County Attorney Lander; and B. Board Direction None. (Continued on Page 20) 9/20/2007 Page 19 of 59 lfc Ifc

20 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 8. Economic Development Ordinance A. Discussion The C/W heard an overview from Willie C. Taylor, Assistant County Administrator, of a draft Economic Development Ordinance and award matrix, and the C/W: (1) (1) Heard the suggestion from County Administrator Touart that the proposed Ordinance include a provision to require a company to repay the incentives if the company does not remain in Escambia County for a specified time frame; and (2) (2) Heard the suggestion from Commissioner Whitehead that (Section 7.D of) 00 the proposed Ordinance be amended to provide that the rebate payout would occur "at the end of," as opposed to "in," year five, or to provide for a year six six to eliminate the need for a reserve account in which to hold funds for payout in year five, and that staff provide the revised Ordinance for scheduling of a Public Hearing for the October 4, 2007, Regular Board Meeting; and B. Board Direction None. Speaker(s): Speaker s): Charles Wood (Continued on Page 21) 9/20/2007 Page 20 of 59 lfc Ifc

21 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 9. Fire Services Citizens (Advisory Committee) Recommendations A. Discussion The C/W discussed Fire Services Citizens (Advisory Committee) Recommendations, and the C/W: (1) (Continued on Page 22) (1) Heard the request from Willie C. Taylor, Assistant County Administrator, that the Board consider implementing the Fire Services Citizens' Advisory Committee (FSCAC) recommendations, which include, vehicle accident cost recovery fees, the continuation of a permanent ten-member Citizens' Advisory Committee, and the establishment of, and effective date for, a departmental organizational structure; (2) (2) Was advised by Kenneth W. "Ken" Perkins, Fire Chief, that should Fire Services combine into one large Department, there would be additional positions in the organizational chart, and that staff would work with the volunteer leadership and attempt to develop an organizational structure that would be beneficial to the citizens, and would serve both the Career and Volunteer Firefighters; (3) (3) Was advised by Commissioner White that Chief Perkins and Chief Whitfield should attempt to work out any unresolved issues prior to the Board's approval (of the FSCAC recommendations); and 9/20/2007 Page 21 of 59 lfc Ifc

22 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued III??? Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 9. Continued A. Continued (4) Was advised by County Attorney Lander that a Resolution would be required to create a permanent FSCAC, as opposed to the previous Ad Hoc Committee, and that the goals, duties, internal procedures, etc., of the FSCAC would be established, with input from County Administration; and B. Board Direction None. Speaker(s): Speakerls): Chief Robbie Whitfield (Continued on Page 23) 9/20/2007 Page 22 of 59 lfc Ifc

23 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 10. Recovery Cost for Response to Motor Vehicle Crashes A. Discussion The C/W discussed Recovery Cost for Response to Motor Vehicle Crashes, and the C/W was advised by Regina Moore, Cost Recovery Corporation, that: (1) The services provided by Cost Recovery, which recovers the costs associated with responses to traffic crashes, would be at no cost to the County, since Cost Recovery submits claims with the responsible parties' automobile insurance companies, and that there would be no conflict with the County's EMS (Emergency Medical Services) recovery, because those fees are recovered from health insurance companies; (2) The fees recovered, which are conservatively projected at $1.2 million, could be cycled back to the County for more appropriate use; and (3) An Ordinance would be required to allow for the assessment of the service fees; and B. Board Direction None. (Continued on Page 24) 9/20/2007 Page 23 of 59 lfc Ifc

24 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Response to Stipend Audit Volunteer Firefighters Firefiqhters A. Discussion The C/W discussed Response to Stipend Audit Volunteer Firefighters, and the C/W: (1) Was advised by Willie C. Taylor, Assistant County Administrator, that: (a) The Stipend Audit conducted by Carr, Riggs& & Ingram, LLC, on behalf of the County, indicated that an estimated $52,000 overpayment was made; whereas, Chief Whitfield's findings indicated a $27,000 difference in overpayment, for a reduced overpayment of approximately $24,575; (b) The Escambia County Volunteer Firefighters Association was only given 45 days in which to respond to the Audit; and (c) The Board's options were to waive the fees, require a partial, lump-sum payment, establish a payment schedule to recover the entire balance by the end of next Fiscal Year, or negotiate repayment with each (Volunteer Fire) Department; (2) (Continued on Page 25) (2) Heard comments from Chief Robbie Whitfield, who advised that, based on the Auditor providing a breakdown for the Ferry Pass Volunteer Fire Department, the documentation that resulted in a $0 overpayment for Ferry Pass, and the differences in the Audit Report and the Response for other (Volunteer Fire) Departments, he believed the entire Audit was flawed; 9/20/2007 Page 24 of 59 lfc Ifc

25 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Continued A. Continued (3) (Continued on Page 26) (3) Was advised by Commissioner Whitehead that, prior to the Board making a decision regarding any repayment, this issue should be referred to the Clerk's Office for reconciliation of the differences between the Audit and the Response; (4) (4) Was advised by Lisa N. Bernau, Chief Deputy Clerk, that the Clerk & Comptroller's staff would be happy to review the Response and that the end result would be reviewed by the Audit Team; (5) (5) Was advised by County Attorney Lander, regarding Exemption Letters issued by the State of Florida, that the County is bound by the Florida Administrative Code (FAC), that there is a conflict between the concept behind the Exemption Letters and the language set forth in the FAC, and that her recommendation, which was evident in the revised Stipend Agreement, would be that, after a time certain, only Firefighter 1 Certification would be accepted, and that Exemption Letters would no longer be considered a basis under which someone could enter an exclusionary zone; (6) (6) Heard the request from Commissioner Whitehead that this issue be addressed at the next C/W Workshop, after the Audit Team has reviewed the Response; 9/20/2007 Page 25 of 59 lfc

26 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Continued A. Continued (7) Was advised by Patricia L. Sheldon, Clerk&Comptroller s& Comptroller s Administrator of Financial Services, that the stipend payments were not suspended during the course of the Audit, although several Departments did not submit their stipend payment requests; and (8) Heard the request from Mr. Taylor that any stipend repayments be returned to the Fire Departments, since the funds were generated by the MSBU (Municipal Services Benefit Unit [for Fire Protection]); and B. Board Direction None. (Continued on Page 27) 9/20/2007 Page 26 of 59 lfc Ifc

27 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 12. Regional Reqional Training Traininq Complex Update A. Discussion The C/W discussed the (Public Safety Law Enforcement) Regional Training Complex Update, and the C/W: (1) Was advised by Willie C. Taylor, Assistant County Administrator, that several potential sites have been located and are in the review process, and, further, that staff is working with the attorneys to develop an Interlocal lnterlocal Agreement with Pensacola Junior College (PJC) to purchase the property, once the property has been identified (on January 23, 2007, the Board authorized the payment of an amount not to exceed $11,000,000, prior to January 31, 2007, to the PJC Foundation, for the County's County s portion of a Joint Use Training Facility); and (2) Heard the suggestion from Commissioner Robinson that the County advertise its interest in purchasing property for the Regional Training Complex; and B. Board Direction None. (Continued on Page 28) 9/20/2007 Page 27 of 59 lfc Ifc

28 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W ClW Workshop Continued AGENDA NUMBER Continued 13. The Sector Plan Agreement Aqreement A. Discussion The C/W ClW viewed and discussed a PowerPoint Presentation entitled, Mid-West Escambia County Sector Plan & Citizen Development Group, presented by David A. Sapp, Attorney for the Development Group (Classic Home Builders, Inc., Longview Plantation I, l, LLC, and DDJ Land Company, LLC), and Fred Thompson, Project Manager, Northwest Florida Land Surveying, and the C/W: ClW: (1) Was advised by Robert R. Bob McLaughlin, Assistant County Administrator, that: (a) The development Group would like to negotiate the list of Requested Items from the County; however, staff believes it is premature to negotiate specifics; (b) Staff will continue to work with MSCW, Inc., the Consultant hired by the County to develop the Sector Plan, to develop and provide an Agreement that addresses everyone's concerns; and (c) The Development Group has made a sizeable investment and requests some assurances from the County that it will continue to proceed with the Sector Plan and the development of the infrastructure in the area, which consists of approximately 16,000 acres, located south of Barrineau Park Road, between the (Perdido) River and U. S. Highway 29, and north of Interstate 10; and (Continued on Page 29) 9/20/2007 Page 28 of 59 lfc Ifc

29 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 13. Continued A. Continued (2) Heard the request from Commissioner Whitehead that staff provide a revised status report, based on input from the Commissioners today, for discussion at the September 6, 2007, Agenda Work Session; and B. Board Direction None. 14. Invocation List for Board of County Commissioners' Meetings Meetinqs A. Discussion The C/W discussed the Invocation List for Board of County Commissioners' Meetings, and heard the request from Patricia L. Sheldon, Clerk & Comptroller s Administrator of Financial Services, that the Board consider reverting to its practice of the Invocation being delivered by Commissioners, on a rotation basis, due to the difficulty in securing a Minister to deliver the Invocation at each Regular Board Meeting, and the C/W: (1) Was advised by Commissioner Whitehead that Commissioners should be responsible for either securing a Minister or delivering the Invocation; nvocaflon;andand (2) Was advised by Mrs. Sheldon that a rotation schedule would be prepared and shared with each Commissioner; and B. Board Direction None. (Continued on Page 30) 9/20/2007 Page 29 of 59 lfc Ifc

30 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued AGENDA NUMBER Continued 15. Sign Ordinance A. Discussion The C/W discussed the Sign Ordinance, and the C/W: (1) (1) Was advised by T. Lloyd Kerr, Director, Planning and Zoning Department, that the major changes to the draft Sign Ordinance are located on Page 3, Definitions, and Page 21, Design and Performance Standards, and heard his request for Board direction to provide the draft Ordinance to the Planning Board; (2) (2) Heard the affirmative from Commissioner Robinson, Commissioner Whitehead, and Commissioner White that staff could provide the draft Ordinance to the Planning Board; and (3) (3) Following comments from Commissioner Whitehead regarding several suburban communities in Charlotte (North Carolina) having no elevated signs, heard the suggestion from Commissioner White that the Board discuss that issue at a future Committee of the Whole Workshop; and B. Board Direction None. (Continued on Page 31) 9/20/2007 Page 30 of 59 lfc Ifc

31 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Aqenda Items Continued 5. Continued C. Report of the August 23, 2007, C/W Workshop Continued ANNOUNCEMENTS 1. FOR INFORMATION: The C/W: A. Was advised by Larry Newsom, Transportation and Traffic Operations Manager, that Santa Rosa County voted to opt out of the Florida-Alabama Transportation Planning Organization (TPO); and B. Was advised by Commissioner Whitehead that it would be appropriate for the Board to adopt a Resolution supporting Santa Rosa County's decision and proceed jointly, working with TPO staff, the Planning Agency, and the Florida Department of Transportation, on the mutual decision (of Escambia County and Santa Rosa County) to split the TPO. AGENDA NUMBER Continued 16. Adiourn Adjourn Chairman White declared the Meeting adjourned at 2:29 p.m. pm. 9/20/2007 Page 31 of 59 lfc Ifc

32 fig mp.- GROWTH MANAGEMENT REPORT T. Lloyd Kerr, Director, Planning and Zoning [_ "" I. PUBLIC HEARINGS I mu. IIJII 1. 5:45 p.m. pm. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Vested Rights 1812 Determination (VRD) Case Number : A. Ratifying the scheduling of VRD for September 20, 2007, at 5:45 p.m.; and B. Adopting the recommendation of the Vested Rights Committee (VRC) granting the vested rights for the following Case: Case Number: VRD Location: 310 El Matador Trail Parcel Number: 18-2S Zoning District: R-2 Vested Rights for: Finished floor elevation of 23 feet Applicant: Chuck Francoeur, Agent for Micari Construction, Inc. VRC Recommendation: Approval C. Authorizing the Chairman to sign the Vested Rights Certificate. Speaker(s) Speakerlsl None. 9/20/2007 Page 32 of 59 lfc Ifc

33 COUNTY ADMINISTRATOR'S REPORT Robert R. "Bob" McLaughlin, Interim County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, approving Consent Agenda Items 1 through 11, as follows, with the exception of Item 7, which was held for a separate vote, as amended to correct the Cost Centers to and (in the backup) in Item 8 and to add to Item 10.G., after the word "Board," the verbiage "that will now consist of 11 Board members, effective immediately": 1. Taking the following action concerning Escambia County Area Transit (ECAT): A. Establishing a twelve-member ECAT Citizens' Advisory Committee, as follows: two from each Commissioner, one from the City Manager, and one from the County Administrator; the Committee will be tasked with gathering input from citizens on how to make ECAT s operation better known to the general public through soliciting information regarding the level-of-service expectations, reviewing current operations, recommending changes for better service, recommending improvements to enhance the department s public image and promote its worth, and recommending sources of revenue for funding operations; the County Administrator will assign the appropriate staff for coordination of this effort; B. Directing the County Administrator, or his designee, to schedule a joint meeting with the City Manager to solicit input and formulate a joint strategy for implementing future mass transit service; this action step is separate and apart from the Citizens' Advisory Committee; and C. Rescinding the Board s action of August 16, 2007, which directed staff to notify Veolia of its intent to terminate the current Contract for operations and maintenance of ECAT. 9/20/2007 Page 33 of 59 lfc Ifc

34 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Aqenda Items Continued 2. Taking the following action concerning the 2007 Annual Update to the Escambia County Ten Year Transit Development Plan (TDP): A. Approving the 2007 Annual Update to the Escambia County Ten Year Transit Development Plan, prepared by the Escambia County Area Transit (ECAT), ensuring that ECAT services are eligible for State Transit Block Grant and other transit funding available from the Florida Department of Transportation (FDOT); and B. Directing the ECAT General Manager to provide copies to FDOT and other appropriate agencies gag Authorizing the scheduling of a Public Hearing on October 4, 2007, at 5:33 p.m., pm, to consider adoption of an Ordinance regarding economic development incentives to induce private business enterprises to locate or expand their businesses in Escambia County. 4. Authorizing the scheduling of a Public Hearing on October 4, 2007, at 5:34 p.m., pm, to consider the adoption of an Ordinance repealing an Economic Development Ad Valorem Tax Exemption for International Paper Company (Lumbermill Operations). 5. Authorizing the scheduling of a Public Hearing for the establishment of a road paving Municipal Services Benefit Unit (MSBU) on October 4, 2007, at 5:32 p.m., pm, to consider the adoption of an Ordinance creating the Innerarity lnnerarity Island Road Paving MSBU IIJII Taking the following action concerning Auto Shred Recycling, LLC, for the delivery of shredder fluff to the Escambia County Perdido Landfill: A. Approving to extend the Agreement at the terms contained in the original Agreement, effective October 1, 2007, through September 30, 2008; and B. Authorizing the Chairman or Vice Chairman to execute the mutual concurrence to extend the Agreement. 7. See Page /20/2007 Page 34 of 59 lfc Ifc

35 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Aqenda Items Continued 8. Taking the following action concerning an appointment to the Escambia County Canvassing Board: A. Appointing Commissioner Grover C. Robinson, IV, to serve on the Escambia County Canvassing Board for the 2008 elections; Commissioner Robinson would serve during the following three elections: the Presidential Preference Primary, January 29, 2008; the Primary Election, August 26, 2008; and the General Election, November 4, 2008; and B. Authorizing out-of-county out-of County travel and funding to a Canvassing Board Workshop scheduled in Orlando, Florida, on Friday, November 30, Approving, and authorizing the Chairman to sign, the Certificate of Public Convenience and Necessity for Escambia County Department of Public Safety/EMS (Emergency Medical Services), effective October 1, 2007, through September 30, 2008, for the provision of Advanced Life Support ambulance service in Escambia County. 10. Taking the following action concerning the Enterprise Zone Development Agency (EZDA) Board: A. Reappointing Ava Abney, Vice President, Quality and Patient Safety, Baptist Health Care, to serve as Chair, effective immediately until September 2008; she will then continue to serve a three-year term as a representative of a local business until September 2011; B. Reappointing Bridgette D. Price, Assistant Vice President, Entrepreneurial Development, Pensacola Bay Area Chamber of Commerce, to serve a four-year term as a representative from a local Chamber, effective September 2007 through September 2011; C. Reappointing Captain Larry Aiken, Escambia County Sheriff s Office, to serve a four-year term as a representative from the local law enforcement agency, effective September 2007 through September 2011; (Continued on Page 36) 9/20/2007 Page 35 of 59 lfc Ifc

36 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Aqenda Items Continued 10. Continued D. Reappointing Jaunita Williams (resume attached), President, Edgewater Homeowners Association Neighborhood Watch Group, Warrington Redevelopment Area, to serve a four-year term as a resident living in the Enterprise Zone (EZ), effective September 2007 through September 2011; E. Reappointing Jimmie Williams, President, Aviation Fields Homeowners Association Neighborhood Watch Group, Palafox Redevelopment Area, to serve a four-year term as a resident living in the EZ,effective September 2007 through September 2011; F. Appointing Susan Nelms, Executive Director, Workforce Escarosa, Inc., to a four-year term as a representative from the Workforce Development Board, effective September 2007 through September 2011; and G. Eliminating two vacant positions from the existing EZDA Board that will now consist of 11 Board members, effective immediately. 11. Taking the following action concerning the lease of County-owned space at 100 East Blount Street, Pensacola, Florida, by the State of Florida, Department of Emergency Management: A. Adopting a Resolution (R ) authorizing a lease with the State of Florida, Department of Emergency Management, for 2,176 square feet of office space located at 100 East Blount Street, at a rate of $0 per year, beginning October 1, 2007; said lease may be renewed annually, with thirty days notice, without further action by the Board; and B. Authorizing the Chairman to execute all documents necessary to complete this transaction /20/2007 Page 36 of 59 lfc Ifc