Chairman Dickson called the Public Forum Work Session to order at 4:41 p.m.

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1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD SEPTEMBER 15, 2005 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (4:41 p.m. 6:43 p.m.) Present: Commissioner J. W. Bill Dickson, Chairman, District 2 Commissioner Marie K. Young, Vice Chairman, District 3 Commissioner Thomas G. Tom Banjanin, District 4 Commissioner Kevin W. White, District 5 Commissioner D. M. Mike Whitehead, District 1 Mr. George Touart, County Administrator Mrs. Janet Lander, County Attorney Mrs. Cheryl Maher, Accounting Supervisor, Clerk of the Circuit Court Mrs. Doris Harris, Deputy Clerk to the Board PUBLIC FORUM WORK SESSION Chairman Dickson called the Public Forum Work Session to order at 4:41 p.m. 1. FOR INFORMATION: The Board: A. Accepted, without objection, pictures provided by Bob Little depicting flooding and property damage; B. Was advised by Mr. Little that a ditch with inadequate piping, located on U. S. Highway 29, across from Wal-Mart, is causing flood damage to his property, as well as causing health and safety issues, and heard Mr. Little s request that the County, pursuant to an approved (joint) drainage project concerning the U. S. Highway 29 outfall to Untreiner pond in 2001, (on October 18, 2001, the Board awarded a unit price work order to Pensacola Concrete Construction Company, Inc., the low bid, for $54,923.99, with $10,000 to be contributed by Mr. Little, and in-kind payments by Wal-Mart and the Alabama Gulf Coast Railroad) complete the piping necessary to resolve the drainage problem; and C. Was advised by County Administrator Touart that the drainage project has been completed and because the ditch is the property of the Florida Department of Transportation, the County is not responsible for further maintenance. 9/15/2005 Page 1 of 30 lfc

2 PUBLIC FORUM WORK SESSION Continued 2. FOR INFORMATION: The Board heard comments from the following five individuals expressing opposition to the Environmental Protection Agency s proposed plan concerning the Escambia Treating Company Superfund Site: Francine Ishmael Dr. Patrick M. Rowe Blair Stephenson Tom Staples Frances Dunham 3. FOR INFORMATION: The Board: A. Was advised by Andrew K. Blewer that an issue concerning holding ponds in Zachary Estates that causes flooding onto Bellview Avenue is still unresolved, and B. Heard the request from Mr. Blewer that the County consider purchasing property on Ramsey Beach for the purpose of a community boat ramp. 4. FOR INFORMATION: Heard the request from Ruth Nelson that the County take immediate action and fence the perimeter of a Clark Sand Pit located in the area of Jackson and Citrus Streets, for the safety of the residents in the surrounding community. 5. FOR INFORMATION: The Board heard comments from L. Gary Sansing regarding the upcoming development of new ball parks in District 1. 5:15 P.M. PUBLIC FORUM ADJOURNED 5:33 P.M. REGULAR BOARD MEETING CONVENED REGULAR BCC AGENDA 1. Call to Order Chairman Dickson called the Regular Meeting of the Board of County Commissioners to order at 5:33 p.m. 2. Invocation Chairman Dickson advised that Reverend Ron Pouliot, Associate Pastor, Myrtle Grove Baptist Church, would deliver the Invocation. 9/15/2005 Page 2 of 30 lfc

3 REGULAR BCC AGENDA Continued 3. Pledge of Allegiance to the Flag Chairman Dickson advised that Cub Scout Pack 410, Pine Meadow Elementary School, would lead the Pledge of Allegiance to the Flag. 4. Adoption of the Agenda Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, adopting the agenda as prepared and duly amended to include Commissioner White s add-on item concerning Emergency Purchases in excess of $50,000 and Commissioner Dickson s five add-on items; one concerning Workers' Compensation Self-Insurance Services, one concerning Escambia County Healthcare Authority of Alabama, one concerning Perdido Kid's Park, one concerning lease for Joint Disaster Individual Assistance Emergency Response and one concerning Escambia Treating Company Superfund site. 5. Proclamation/Special Recognition Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, taking the following action concerning Proclamation/Special Recognition: A. Adopting the Proclamation proclaiming the last week of September 2005 and the last week of September each year thereafter as "Behavioral Health Consumer Advocacy Week" in Escambia County; and B. Recognizing and commending Coastal Machinery for its gold sponsorship of the Escambia County Equestrian Center. Speaker(s): Kevin Briski, Item B 9/15/2005 Page 3 of 30 lfc

4 REGULAR BCC AGENDA Continued 6. Written Communication A. Advertising Costs Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, approving that the County will bear the advertising costs of the next Public Hearing for consideration of a Petition to Initiate an Enhanced Neighborhood Protection Zone (ENPZ) for Scenic Hills Subdivision, and directing the County Attorney's Office to draft an Ordinance to amend the existing Ordinance to clarify who is responsible for the advertising costs ( from Tom Heffernan). Speaker(s): Tom Heffernan B. Personal Property Loss The Board was advised by Chairman Dickson that the September 1, 2005, communication from James O. Gatson regarding personal property loss due to adverse weather conditions, was pulled. C. Invitation to Farm Tour The Board heard comments from Libbie Johnson, Escambia County Agriculture Extension Agent I, regarding a September 2, 2005, written communication concerning a formal invitation to the upcoming Farm Tour of the County, and no action was taken. 9/15/2005 Page 4 of 30 lfc

5 REGULAR BCC AGENDA Continued 7. Proofs of Publication Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, waiving the reading of the legal advertisement(s) and accepting, for filing with the Board s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners Escambia County, Florida, Meeting Schedule, as follows: A. The 5:31 p.m. Public Hearing, advertised in The Escambia Sun-Press on August 25, 2005, for consideration of the Petition to Vacate an alleyway in the Pinecrest Subdivision, as petitioned by the Church of the Living God Holy Tabernacle, Inc; and B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule September 12-16, 2005 Legal No , as published in the Pensacola News Journal on September 11, 2005, as follows: September 12 8:30 a.m. JLUS Implementation Oversight Committee September 12 8:31 a.m. Planning Board September 13 1:30 p.m. Environmental Enforcement Special Master Hearings September 13 3:00 p.m. Department Directors Strategic Planning September 13 5:00 p.m. Housing Finance Authority September 13 6:00 p.m. Enhanced Neighborhood Protection Zone: Star Lake September 14 1:00 p.m. Development Review Committee September 14 1:30 p.m. FL-AL Transportation Authority September 14 5:00 p.m. Santa Rosa Island Authority September 15 8:30 a.m. Agenda Work Session September 15 9:00 a.m. Board of Electrical Examiners September 15 4:00 p.m. Board of County Commissioners Attorney/Client Session September 15 4:30 p.m. Board of County Commissioners Public Forum September 15 5:30 p.m. Board of County Commissioners Public Hearings & Reports September 15 6:30 p.m. Enhanced Neighborhood Protection Zone-Belle Meadow September 16 12:00 p.m. Neighborhood Services Task Force 9/15/2005 Page 5 of 30 lfc

6 REGULAR BCC AGENDA Continued 8. 5:31 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, taking the following action regarding the Petition to Vacate an alleyway, measuring 20 feet by 300 feet, or approximately 0.14 acres, in Block 68, Pinecrest Subdivision, as petitioned by the Church of the Living God Holy Tabernacle, Inc.: A. Approving the Petition to Vacate; B. Accepting the Hold Harmless Agreement; C. Adopting the Resolution to Vacate; and D. Authorizing the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorizing the Chairman or Vice Chairman to execute them at that time. Speaker(s) None. CLERK OF THE CIRCUIT COURT S REPORT Honorable Ernie Lee Magaha Clerk of the Circuit Court I. CONSENT AGENDA 1-5. Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried 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's Finance Department: A. Payroll Expenditures as of Payday September 9, 2005, in the amount of $1,325,691.34; and B. The following two Disbursement of Funds: (1) August 25, 2005, to August 31, 2005, in the amount of $13,890,648.13; and (2) September 1, 2005, to September 7, 2005, in the amount of $10,163, /15/2005 Page 6 of 30 lfc

7 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 2. Accepting, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for July 2005 returns received in the month of August 2005, as prepared by the Clerk s Finance Department. 3. Accepting, for filing with the Board's Minutes, the Gulf Coast African-American Chamber of Commerce (GCAACC) Internal Audit Report, as prepared by Carr, Riggs & Ingram, LLC, and provided to the Clerk's Finance Department, and the September 6, 2005, Internal Audit Response from Dr. Cornelius Wooten, Chairman, GCAACC. 4. Accepting, for filing with the Board's Minutes, the following four documents relating to Hurricane Katrina: A. Original "Evacuation Order to Reduce Vulnerability to Damage, Injury, and Loss of Life or Property Resulting from an Imminent Threat," as executed by the County Administrator and provided to the Clerk to the Board at 8:09 a.m., August 28, 2005; B. Original "Curfew Order" establishing a curfew from 10:00 p.m. to 4:00 a.m. throughout Escambia County, in both the incorporated and the unincorporated areas, effective August 29, 2005, as executed by the County Administrator and provided to the Clerk to the Board at 4:55 p.m., August 29, 2005; C Original "Curfew Order #2 (Cancellation of Curfew)," as executed by the County Administrator and provided to the Clerk to the Board at 3:06 p.m., August 30, 2005; and D. A copy of the "State of Florida Office of the Governor Executive Order Number " 5. Taking the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office: A. Approving the Minutes of the Emergency Board Meeting held August 26, 2005, and the Minutes of the Public Forum Work Session and Regular Board Meeting held September 1, 2005; and (Continued on Page 8) 9/15/2005 Page 7 of 30 lfc

8 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued B. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work Session held September 1, COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, approving Consent Agenda Items 1 through 13, as follows, with the exception of Item 5, which was held for a separate vote: 1. Taking the following action concerning the Application for Disaster Assistance Local Match Reduction or Waiver and Payment Deferral for Hurricane Dennis: A. Amending the Board s action of September 1, 2005, to add the verbiage requesting a 97.5% waiver; and B. Ratifying the Chairman s signature on the amended Application for Disaster Assistance Local Match Reduction or Waiver and Payment Deferral, for Hurricane Dennis, and transmittal letter dated September 2, 2005, to Ms. Teresa Tinker, Office of Policy and Budget, Executive Office of the Governor. 2. Taking the following action concerning the Application for Disaster Assistance Local Match Reduction or Waiver and Payment Deferral for Hurricane Katrina: A. Amending the Board s action of September 1, 2005, to add the verbiage requesting a 97.5% waiver; and B. Ratifying the Chairman s signature on the amended Application for Disaster Assistance Local Match Reduction or Waiver and Payment Deferral, for Hurricane Katrina, and transmittal letter dated September 2, 2005, to Ms. Teresa Tinker, Office of Policy and Budget, Executive Office of the Governor. 9/15/2005 Page 8 of 30 lfc

9 I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 3. Approving the Requests for Disposition of Surplus Equipment to be sold as surplus or appropriately disposed of, all of which are described on 13 requests, as provided by various County departments for the reasons stated on each. 4. Approving the Emergency Medical Services Certificate of Public Convenience and Necessity for Escambia County Fire Services, effective October 1, 2005, through September 30, See Page Taking the following action concerning the Department of Community Affairs Domestic Security Grant time extension for Contract Number 05DS-2N : A. Approving Modification #1 to the State of Florida, Department of Community Affairs (DCA) Grant, that provides a time extension from September 30, 2005, until October 31, 2005; and B. Authorizing the Chairman to execute Modification #1 to the DCA Grant Agreement. 7. Rescinding the Board s action on July 7, 2005, and taking the following action concerning the Department of Community Affairs Flood Mitigation Assistance Program contract time extension for Contract Number 04FM ; the time extension changes the Contract termination date from June 30, 2005, to September 30, 2005: A. Approving Modification #2 to the State of Florida, Department of Community Affairs (DCA) Grant Contract that provides a contract time extension for Carlton Wingett, homeowner, to complete the flood mitigation project for his home; and B. Authorizing the Chairman to execute the DCA Grant Contract. 9/15/2005 Page 9 of 30 lfc

10 I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 8. Taking the following action concerning Auto Shred Recycling, L.L.C., for the delivery of shredder fluff to the Escambia County Perdido Landfill: A. Approving to extend the Agreement with the same terms contained in the original Agreement, with the period beginning October 1, 2005, through September 30, 2006; and B. Authorizing the Chairman or Vice Chairman to execute the mutual concurrence to extend the Agreement. 9. Scheduling a Public Hearing for October 20, 2005, at 5:31 p.m., to consider the Petition to Vacate a 5-foot by 75-foot (0.009 acres) non-access easement, located on Lot 2, W Street North Industrial Park, as shown on the recorded Plat of said subdivision, as petitioned by Marcus Pointe Baptist Church. 10. Taking the following action concerning the donation of property for drainage easements and road rights-of-way needed for the Tampico Boulevard, Batten Boulevard and Lago Vista Court paving and drainage projects (Funding Source: Fund 351, Local Option Sales Tax Extension, Fund 350, L.O.S.T. and Fund 333, New Road Construction ): A. Authorizing staff to negotiate and resolve any matters related to, or associated with, the donation and/or dedication of road rights-of-way and easements located on, or adjacent to, the above properties, gather information and conduct inspections as needed to allow the Board s acceptance of the real property; B. Authorizing the payment of documentary stamps because the properties are being donated for governmental use, which is for drainage easements and road rights-ofway, and the County benefits from these donations because they facilitate the construction and maintenance of paving and drainage systems for use by the citizens of Escambia County; C. Authorizing the payment of incidental expenditures associated with the acquisition of these properties; and (Continued on Page 11) 9/15/2005 Page 10 of 30 lfc

11 I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 10. Continued D. Authorizing staff to prepare, and the Chairman or Vice Chairman to accept, the Deeds or Easements as of the day of delivery of the Deeds or Easements to the Chairman or Vice Chairman, and authorizing the Chairman or Vice Chairman to acknowledge the Board s acceptance at that time. 11. Approving to allow the employees of the Human Relations Commission to participate in the County s group dental plan, with the same terms as the County employees enjoy, at the Human Relations Commission s expense; there will be no cost to the County. 12. Taking the following action regarding the renewal and expansion of the existing Large Area Artificial Reef Sites (LAARS) Permit in the Gulf of Mexico waters off Escambia County, Florida: A. Adopting a Resolution supporting the renewal and expansion of the existing LAARS Permit from the Florida Fish and Wildlife Conservation Commission (FWC) and the U. S. Army Corps of Engineers (ACOE), and providing for an effective date; B. Authorizing the Chairman to sign the Resolution; and C. Authorizing staff, on behalf of the Board, to transmit this request to the FWC and the ACOE. Speaker(s): Andrew K. Blewer 9/15/2005 Page 11 of 30 lfc

12 I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 13. Taking the following action concerning the Escambia County Five-Year Transit Development Plan (TDP) Major Update, prepared by the Center for Urban Transportation Research, for the Florida-Alabama Transportation Planning Organization: A. Adopting the Resolution approving and adopting the TDP Major Update establishing strategic goals and initiatives to be used as a guide in the future development of Escambia County Area Transit service levels, and ensuring that these programs are eligible for State Transit Block Grants and other transit funding available from the Florida Department of Transportation; and B. Authorizing the Chairman to sign the Resolution approving and adopting the TDP Major Update. 5. Big Lagoon State Park Boat Ramp Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, taking the following action regarding expansion of the Big Lagoon State Park boat ramp parking facility: A. Adopting the Resolution supporting expansion of the Big Lagoon State Park boat ramp parking facility and providing for an effective date; and B. Authorizing the Chairman to sign the Resolution. Speaker(s): Andrew K. Blewer 9/15/2005 Page 12 of 30 lfc

13 II. BUDGET/FINANCE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, approving Consent Agenda Items 1-32, as follows, as amended to drop Item 18: 1. Taking the following action regarding the Fair Housing Services Agreement with Escambia-Pensacola Human Relations Commission: A. Approving the Community Development Block Grant (CDBG) funded Fair Housing Services Agreement with Escambia-Pensacola Human Relations Commission, providing a total of $18,500 for the Fiscal Year; and B. Authorizing the Chairman or Vice Chairman to execute the Agreement and all documents required to implement the Agreement (subject to availability of CDBG funds in Fiscal Year , Fund 129/2005 CDBG; Cost Center to be assigned by the Office of Management and Budget). 2. Taking the following action regarding the Hurricane Housing Recovery Program (HHRP) Agreement with Rebuild Northwest Florida, Inc.: A. Approving the HHRP Home Repair Project Agreement with Rebuild Northwest Florida, Inc. (Rebuild), and the City of Pensacola, to provide $3,381,632 in HHRP funds, to support housing repair and related activities, with authorization to reimburse HHRP-eligible expenditures incurred by Rebuild as of July 1, 2005, subject to availability of State Housing Initiatives Partnership (SHIP) funds budgeted in Fiscal Year 2005 and Fiscal Year 2006 (Fund 120/SHIP; new Cost Center to be assigned by the Office of Management and Budget); and B. Authorizing the Chairman or Vice Chairman to execute the Agreement and all project-related documents as required to implement the project. 9/15/2005 Page 13 of 30 lfc

14 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 3. Taking the following action regarding the Hurricane Housing Recovery Program (HHRP) Agreements: A. Approving Agreements with Pensacola Habitat for Humanity, Inc., Escambia County Community Land Trust, Inc., and the City of Pensacola, in the aggregate amount of $1,000,000, to partially finance the construction of new homes for occupancy by HHRP eligible, very low and low income families (subject to availability of HHRP funds budgeted in Fiscal Year ; Fund 120/HHRP; new Cost Center to be assigned by the Office of Management and Budget); B. Approving an Amendment with Pensacola Habitat for Humanity, Inc., and the City of Pensacola, to extend the term of the existing State Housing Initiatives Partnership (SHIP) Agreement through January 31, 2006, to allow units committed and under construction as of September 30, 2005, to be completed and occupied in accordance with SHIP requirements; C. Authorizing the Board-appointed Escambia/Pensacola Local Housing Partnership, with concurrence of the County Administrator and Pensacola City Manager, to reallocate available HHRP funds between the participating agencies, as required to meet and reflect agency performance and demand for HHRP assistance; and D. Authorizing the Chairman or Vice Chairman to execute the Agreements, Amendment and all related documents required to implement the projects. 4. Taking the following action concerning annual grant funding received from the Florida Department of Agriculture and Consumer Services for Mosquito Control: A. Approving the Fiscal Year Annual Certified Budget for the Mosquito Control Division; and B. Authorizing the Chairman to sign the document. 9/15/2005 Page 14 of 30 lfc

15 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 5. Taking the following action regarding the Community Development Block Grant (CDBG) Agreement with Council on Aging of West Florida, Inc., for the Rural Elderly Assistance Program (REAP): A. Approving the CDBG-funded Agreement with the Council on Aging of West Florida, Inc., in the amount of $50,000, for continuation of the REAP for the period October 1, 2005, through September 30, 2006; and B. Authorizing the Chairman or Vice Chairman to execute the Agreement and related documents necessary to implement the project (subject to availability of CDBG funds currently budgeted in Fiscal Year , Fund 129/2005 CDBG; new Cost Center to be assigned by the Office of Management and Budget). 6. Taking the following action regarding the Emergency Shelter Grant Program (ESG) Agreement with Loaves and Fishes Soup Kitchen, Inc.: A. Approving an Agreement with Loaves and Fishes Soup Kitchen, Inc., detailing the utilization of the ESG, in the amount of $88,183, effective October 1, 2005, to September 30, 2006, to support operational costs of the Loaves and Fishes Homeless Center located at 257 East Lee Street; and B. Authorizing the Chairman or Vice Chairman to execute the subject Agreement and all related documents required to complete the project (subject to availability of ESG funds in Fiscal Year 2006, Fund 110/2005 ESG; Cost Center to be assigned by the Office of Management and Budget). 9/15/2005 Page 15 of 30 lfc

16 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 7. Taking the following action concerning a Commercial Facade, Landscape and Infrastructure Grant Program Funding Agreement and Lien Agreement: A. Approving the Commercial Facade, Landscape and Infrastructure Grant Program Funding Agreement between Escambia County Neighborhood and Environmental Services Department/Community Redevelopment Agency (NESD/CRA) and James E. and Ann H. Mooney, owners of commercial property located at North Navy Boulevard (to be operated as commercial lease space), in the amount of $10,000, representing an in-kind match through 2004 Community Development Block Grant (CDBG) Cost Center , Object Code 58301, for the following improvements: Rehabilitate the exterior of the building to include a new front elevation and stucco exterior; B. Approving the commercial Facade, Landscape and Infrastructure Grant Program Lien Agreement for the property located at North Navy Boulevard, Pensacola, Florida, in the amount of $10,000; and C. Authorizing the Chairman to execute the Funding Agreement and the Lien Agreement between Escambia County NESD/CRA and James E. and Ann H. Mooney, and any other related documents necessary to implement this Grant Award. 8. Approving the Neighborhood and Environmental Services Department/Community Redevelopment Agency (NESD/CRA) sponsoring four neighborhood leaders, from the County s designated redevelopment areas, to attend the 9th Annual Florida Neighborhoods Conference in Lakeland, Florida, October 20-22, 2005 (sponsorship will serve an essential public purpose); total cost not to exceed $1,600, funded from Neighborhood Restoration Program (NRP), Cost Center , Fund 683, Object Codes and /15/2005 Page 16 of 30 lfc

17 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 9. Taking the following action concerning a Sign Grant Program Funding Agreement: A. Approving the Sign Grant Program Funding Agreement between Escambia County Community Redevelopment Agency and Calvin G. Nix, Sr., owner of commercial property located at 1011 Old Corry Road, Pensacola, Florida, in the amount of $709.50, representing an in-kind match through 2004 Community Development Block Grant (CDBG), Cost Center , Object Code 58301, for the following improvements: Replace signage destroyed by Hurricane Ivan; and B. Authorizing the Chairman to execute the Funding Agreement and any other related documents necessary to implement this Grant Award. 10. Taking the following action concerning a Sign Grant Program Funding Agreement: A. Approving the Sign Grant Program Funding Agreement between Escambia County Community Redevelopment Agency and John R. and Mariella M. Armentrout, Trustee for Armentrout Living Trust, owners of commercial property located at 2003 North Pace Boulevard, Pensacola, Florida, in the amount of $2,000, representing an in-kind match through 2004 Community Development Block Grant (CDBG), Cost Center , Object Code 58301, for the following improvements: Install new dual pole freestanding sign with LED message center; and B. Authorizing the Chairman to execute the Funding Agreement and any other related documents necessary to implement this Grant Award. 11. Adopting the Resolution approving Supplemental Budget Amendment Number 269, Other Grants and Projects Fund (110), in the amount of $200,000, to recognize and appropriate the allocation of funds associated with the Ashton Brosnaham Florida Recreation Development Assistance Grant. 9/15/2005 Page 17 of 30 lfc

18 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 12. Adopting the Resolution approving Supplemental Budget Amendment Number 273, Disaster Recovery Fund (112), in the amount of $28,327,807, to recognize the estimated amount of reimbursements from the Federal Emergency Management Agency and the State of Florida for costs associated with Hurricane Dennis. 13. Adopting the Resolution approving Supplemental Budget Amendment Number 275, General Fund (001), Misdemeanor Probation Fund (114), Article V Fund (115), Fire Protection Fund (143), Transportation Trust Fund (175), Solid Waste Fund (401), Inspections Fund (406), Workers Comp/Health/Life Fund (509) and CRA-Expendable Trust Fund (683), in the amount of (negative) -$202,110, to reverse the Budget for the credit the County has received from Nextel. 14. Adopting the Resolution approving Supplemental Budget Amendment Number 276, in the amount of $23,818,065, and (approving) to appropriate the revenue into the Fiscal Year Budget, Neighborhood Enterprise Foundation, State Housing Initiatives Partnership Fund (120); this revenue has been awarded through the Florida Housing Finance Corporation to provide housing recovery from hurricane damage. 15. Approving Subgrantee Contract Agreements for Hurricane Katrina Event Number 1602 and EM 3220 with the State of Florida, Department of Community Affairs, subject to Legal sign-off; the Federal Emergency Management Agency grants funds to the State of Florida for Presidential-declared disasters, and the State in turn grants funds to eligible applicants through Subgrantee Agreements; the County will be eligible for 75% reimbursement for all eligible costs for damage caused by Hurricane Katrina for 1602 and 100% for Waiving the Board s right to repurchase Lot 7, Block B, in Marcus Pointe Commerce Park, thereby permitting the sale of the property to The Friedrich Company, Inc. and allowing the property to be sold as outlined in the Letter of Intent. 9/15/2005 Page 18 of 30 lfc

19 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 17. Taking the following action concerning the Human Relations Commission and the City of Pensacola: A. Approving an Interlocal Agreement with the City of Pensacola and the Human Relations Commission for Fiscal Year ; and B. Authorizing the Chairman to execute the Interlocal Agreement (Between Escambia County and the City of Pensacola Related to the Escambia-Pensacola Human Relations Commission). 18. Dropping the recommendation that the Board take the following actions regarding Project Hope : A. Adopt a Resolution establishing the Board s intent to adopt an Ordinance for an Economic Development Ad Valorem Tax Exemption (EDATE) for Project Hope, for 100% of their expansion (at Ellyson Industrial Park) for up to ten years; B. Adopt a Resolution approving Project Hope as a qualified applicant for the Florida Qualified Target Industry Tax Refund Program, and providing a 20% local participation in the tax refund through a local EDATE, in the amount of $87,600, over a four-year period from ; and C. Authorize the Chairman to execute the Resolutions. (Additional action taken later in the Meeting; see Page 26) 19. Taking the following action concerning Project House : A. Adopting a Resolution establishing the Board s intent to adopt an Ordinance for an Economic Development Ad Valorem Tax Exemption (EDATE) for Project House, for 100% of their expansion for up to ten years; (Continued on Page 20) 9/15/2005 Page 19 of 30 lfc

20 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 19. Continued B. Adopting a Resolution approving Project House as a qualified applicant for the Florida Qualified Target Industry Tax Refund Program, and providing a 20% local participation in the tax refund through a local EDATE, in the amount of $150,000, over a four-year period from ; and C. Authorizing the Chairman to execute the Resolutions. 20. Approving, and authorizing the County Administrator to execute, Change Order Number 1 on Purchase Order , in the amount of $5,000, to Securitas Security Services USA, Inc., (PD ), bringing the total amount of the Purchase Order for the period of October 1, 2004, through September 30, 2005, to $54,750, for providing security for the Old County Courthouse, 223 Palafox Place. 21. Taking the following action concerning the renewal of the Vision Care Contract: A. Approving the renewal of the Vision Care Contract with Vision Care, Inc., for the period effective November 1, 2005, to October 31, 2007, at the existing rates of $20.10 for family coverage and $7.02 for single coverage; and B. Authorizing the County Administrator to sign the Contract. 22. Approving (adopting) the Fee Resolution/Structure for training for Advanced Cardiac Life Support, Basic Cardiac Life Support and other American Heart Association courses offered by the Department of Public Safety, to become effective October 1, /15/2005 Page 20 of 30 lfc

21 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 23. Taking the following action regarding the Emergency Management Preparedness and Assistance Grant Program Agreement Number 06BG , in the amount of $97,234: A. Approving the Department of Community Affairs Emergency Management and Preparedness Assistance Grant Agreement, in the amount of $97,234, that provides grant funding to assist in improving our local Division of Emergency Management operations both for daily and emergency operations and to assist in local disaster preparations and community outreach; funding will be identified in Fund 110, Cost Center ; and B. Authorizing the Chairman to execute the Agreement. 24. Taking the following action concerning maintenance and repair of telephone, telephone key systems and communication cabling (Funding: Fund 001, General Fund, Cost Center ): A. Renewing the Contract, PD , Maintenance and Repair of Telephone, Telephone Key Systems and Communication Cabling, with Milcom Systems Corporation, for 12 additional months, as allowed per the special terms and conditions; and B. Authorizing an expenditure of $60,000 for Fiscal Year Taking the following action concerning Various Road Materials, PD (Funding: Fund 112, Category B Protective Measures, Cost Center ): A. Ratifying the additional $2.05 charge added to Item 17, Limestone #57, of PD , Various Road Materials, bringing the Unit Price to $17.55, due to additional fuel costs; and B. Approving the continued usage of this price through September 30, /15/2005 Page 21 of 30 lfc

22 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 26. Taking the following action concerning Professional Services (Funding Source: Fund 401 [Solid Waste Fund], in various Cost Centers): A. Approving the following Change Order Number 2 for PD SWM.1 to URS Corporation for the monitoring of five County-owned landfills; and B. Authorizing the County Administrator to execute the following: Department: Solid Waste Management Type: Addition Amount: $80,000 Vendor: URS Corporation Project Name: Professional Services Contract: PD SWM.1 Purchase Order Number: Change Order Number: 2 Original Award Amount: $130,000 Original Purchase Order Amount: $ 70,241 Cumulative Amount of Change Order(s) through Number 2: $139,159 New Contract Total: $209, Approving to extend the Contract with Aaron Oil Company for Pickup of Waste Oil, Filters & Other Fluids, PD , through April 1, 2006, in accordance with the terms and conditions of the Contract; this is an annual expenditure of approximately $10,000, of funding from Fund 001 (General Fund), Cost Center (Fuel Distribution). 28. Approving to extend the Contract with Southern Tires, Incorporated, for Waste Tire Removal and Recycling, PD , through April 3, 2006, in accordance with the terms and conditions of the Contract; this is an annual expenditure of approximately $50,000; funds are available under various Cost Centers. 29. Extending a Contract to A & K Septic Tank Service & Portable Toilet Company, Incorporated, for Portable Toilets Rental and Service, PD , for a period of two years, in accordance with the terms and conditions of the solicitation, with an estimated expenditure of $50,000 per year; funds are available under various Cost Centers. 9/15/2005 Page 22 of 30 lfc

23 II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 30. Accepting, for information, and ratifying an Emergency Purchase Order, Number , to Roads, Inc., of NWF, in the amount of $738,738, in accordance with PD , Hurricane Dennis Landfill Road and Drainage Repairs, providing for repairs to roadways and drainage located at Perdido Landfill and other Solid Waste sites, as deemed necessary to protect the welfare and safety of the citizens and property of Escambia County; this Emergency Purchase Request was approved by the Chairman of the Board, in accordance with the Escambia County Code of Ordinances, Chapter 46, Division II, Section 46-93; Same Emergency Purchases, on or about August 2, Approving to extend the Contract with Gulf Star Contracting for Large Machine Mowing, PD , through December 30, 2006, in accordance with the terms and conditions of the Contract; this is an annual expenditure of approximately $40,469 a year, with funding from Fund 401 (Solid Waste Fund), Cost Center (Landfill Operations) and Cost Center (Closed Landfills). 32. Awarding a Contract for PD , Escambia County Area Transit Bus Benches and Bus Shelter Advertising, to Lamar Pensacola Transit Inc., for a period of 36 months with two additional one-year periods, in accordance with the terms and conditions of the solicitation at the following income revenue rates: Bus Shelters $20.00 each Shelter Annually Bus Benches $7.50 each Benches Annually III. FOR DISCUSSION 1. MSPB Representative The Board approved 3-2, by ballot vote, to appoint Dan C. Bates, Jr., as the Board s representative to the Merit System Protection Board (MSPB) to serve a two-year term, effective October 1, 2005, through September 30, /15/2005 Page 23 of 30 lfc

24 III. FOR DISCUSSION Continued Ad Valorem Property Tax Roll Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, approving the Tax Collector s request, dated September 1, 2005, to extend the 2005 Ad Valorem Property Tax Roll prior to completion of the Value Adjustment Board Hearings to afford taxpayers of Escambia County the opportunity to pay their taxes during each of the four Discount Periods allowed by Florida Statute ; the Extension will also allow the collection of revenue for the various taxing authorities to begin November 1, LOST III Project List Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, approving the revised list of projects for funding through Local Option Sales Tax (LOST) III. COUNTY ATTORNEY S REPORT Janet Lander, County Attorney I. FOR DISCUSSION 1. Escambia County, Florida vs. William Conti Motion made by Commissioner White, seconded by Commissioner Banjanin, and carried unanimously, authorizing the County Attorney s Office to initiate appropriate civil action to compel compliance with the provisions of the Escambia County Code of Ordinances referenced in the Order of the Environmental Enforcement Special Magistrate, Pamela McOwen, dated June 14, 2005, in Case No.: , Escambia County, Florida vs. William Conti; this action will be commenced if Mr. Conti fails to comply with the Special Magistrate s Order by October 20, Speaker(s): George Rastall Paul McCreary Michael Suarez Rosemary Hefti Mike McRae Frank Green William Conti 9/15/2005 Page 24 of 30 lfc

25 COUNTY ATTORNEY S REPORT Continued I. FOR DISCUSSION Continued 2. Warrington Elementary School No-Fee Lease Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, taking the following action concerning a no-fee lease with the Escambia County School Board: A. Authorizing the Chairman to execute the no-fee lease with the Escambia County School Board, allowing the Escambia County Emergency Operations Center to place a radio tower on School Board property at Warrington Elementary School; B. Authorizing the Chairman to execute the necessary forms to process the Conditional Use Request with the Board of Adjustment; and C. Delegating to Robert J. Bob Boschen and Janice R. Kilgore the authority to present the Conditional Use Request to the Escambia County Board of Adjustment, with the assistance of the County Attorney s Office. 9/15/2005 Page 25 of 30 lfc

26 II. BUDGET/FINANCE CONSENT AGENDA Continued 18. Project Hope Motion made by Commissioner White, seconded by Commissioner Banjanin, and carried unanimously, reconsidering Consent Agenda Item 18. Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, taking the following actions regarding Project Hope : A. Adopting a Resolution establishing the Board s intent to adopt an Ordinance for an Economic Development Ad Valorem Tax Exemption (EDATE) for Project Hope, for 100% of their expansion (at Ellyson Industrial Park) for up to ten years; B. Adopting a Resolution approving Project Hope as a qualified applicant for the Florida Qualified Target Industry Tax Refund Program, and providing a 20% local participation in the tax refund through a local EDATE, in the amount of $87,600, over a four-year period from ; and C. Authorizing the Chairman to execute the Resolutions. Speaker(s): Michael V. Mike Frey Andrew K. Blewer 9/15/2005 Page 26 of 30 lfc

27 ITEMS ADDED TO THE AGENDA COMMISSIONER KEVIN W. WHITE 1. Purchase Order Number Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, ratifying the Emergency Purchase for Purchase Order Number , issued in excess of $50,000 under the Declaration of State of Local Emergency resulting from Hurricane Ivan, and accepting, for filing with the Board s Minutes, the Emergency Purchases Information Report (Fund Source: Cost Center , Object Code 56201, Hurricane Ivan): Contractor ESA South, Inc. Contract Number PD Purchase Order Number Purchase Order Total $1,417,428 ITEMS ADDED TO THE AGENDA D. M. MIKE WHITEHEAD North 72nd Street Commissioner Whitehead advised during the Agenda Work Session this date that the recommendation that the Board adopt the Resolution to allow the use of a vacant nursing home at 1012 North 72nd Street as temporary housing for Hurricane Katrina evacuees, was dropped and no action was taken. ITEMS ADDED TO THE AGENDA COMMISSIONER J. W. "BILL" DICKSON 1. Contract for PD Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, taking the following action: A. Rescinding the Board s action of August 18, 2005, to award a Contract for PD , Workers Compensation Self Insurance Services to Employers Mutual, Inc., with the effective date of October 1, 2005, in the amount of $232,344 ($163,710 for Workers Compensation third party administrative services, and $68,634 for Workers Compensation managed care services) 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: Funding Source: Cost Center , Object Code and 53101, respectively; (Continued on Page 27) 9/15/2005 Page 27 of 30 lfc

28 ITEMS ADDED TO THE AGENDA COMMISSIONER DICKSON 1. Continued B. Accepting the letter of request from Employers Mutual, Inc., to terminate their award of the Contract because they will not be able to comply with the October 1, 2005, effective date of the Contract; and C. Approving to piggyback off the City of Fort Myers Contract for claims management services for Workers Compensation, subject to legal sign-off by the County Attorney s Office, and awarding the Contracts to: (1) Preferred Government Solutions for Workers Compensation third party administration, in the amount of $158,450; and (2) Brown & Brown, Inc., d/b/a AmeriSys for Workers Compensation managed care, in the amount of $65, Ambulance Services Motion made by Commissioner White, seconded by Commissioner Whitehead, and carried unanimously, approving a three-month extension until January 1, 2006, to the current Interlocal Agreement between Escambia County, Florida and the Escambia County Healthcare Authority of Alabama, for the provision of ambulance services in Escambia County, Alabama. 3. Perdido Kid's Park Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, dedicating suitable property owned by Escambia County to be used in partnership with the Perdido Kid's Park Organization in the development of a playground structure and associated park amenities, subject to Legal sign-off. 9/15/2005 Page 28 of 30 lfc

29 ITEMS ADDED TO THE AGENDA COMMISSIONER DICKSON 4. Town and Country Plaza Lease Agreement Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, approving a lease of space (formerly occupied by Joann Fabrics) for the Joint Disaster Individual Assistance Emergency Response at Town and Country Plaza, beginning September 16, 2005, at a rate of $6,416 per month for six months, with an option to renew for an additional six months, subject to legal sign-off of the Lease Agreement (with Merchant Square Shopping Center, LLC, successor to Great Oaks, LLC) and completion of the required checklist. 5. ETC Site Motion made by Commissioner Whitehead, seconded by Commissioner White, and carried unanimously, taking the following action concerning the Escambia Treating Company Superfund Site in response to proposed remedial action by the United States Environmental Protection Agency (EPA): A. Adopting the Resolution, as follows: A Resolution of the Board of County Commissioners of Escambia County, Florida requesting contaminant toxicity reduction through soil treatment at Escambia Treating Company Superfund site (ETC site) B. Authorizing the Chairman to sign the Resolution; and C. Authorizing Escambia County staff to forward the Resolution to EPA with a letter, prepared by staff, stating the Board s support for cleanup. Speaker(s): Margaret L. Williams ANNOUNCEMENTS None. 9/15/2005 Page 29 of 30 lfc

30 ADJOURNMENT There being no further business to come before the Board, Chairman Dickson declared the Regular Meeting of the Board of County Commissioners adjourned at 6:43 p.m. BOARD OF COUNTY COMMISSIONERS ATTEST: ERNIE LEE MAGAHA CLERK OF THE CIRCUIT COURT ESCAMBIA COUNTY, FLORIDA By: J. W. Dickson, Chairman Deputy Clerk Approved: October 6, /15/2005 Page 30 of 30 lfc