Chairman White called the Public Forum Work Session to order at 4:32 p.m.

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1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD MAY 1, 2007 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX 221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:32 p.m. 9:04 p.m.) 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 Commissioner D. M. Mike Whitehead, District 1 Mr. George Touart, 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 Chairman White called the Public Forum Work Session to order at 4:32 p.m. 1. FOR INFORMATION: The Board heard comments from Andrew Blewer regarding the settlement agreement in the Case of Escambia County v. Rodney Williams. 2. FOR INFORMATION: The Board heard comments from Paolo Ghio regarding an artificial reef recently deployed in the Gulf which was named after Mr. Ghio, and heard his request that the County continue its efforts concerning the deployment of more artificial reefs. 4:54 P.M. PUBLIC FORUM ADJOURNED 5:32 P.M. REGULAR BOARD MEETING CONVENED REGULAR BCC AGENDA 1. Call to Order Chairman White called the Regular Meeting of the Board of County Commissioners to order at 5:32 p.m. 2. Invocation Chairman White advised that Reverend Greg Lancaster, Greg Lancaster Ministries, would deliver the Invocation. 5/1/2007 Page 1 of 50 klc

2 REGULAR BCC AGENDA 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 Motion made by Commissioner Valentino, seconded by Commissioner Young, and carried unanimously, adopting of the Agenda as prepared and duly amended to include Addendum #1 (Item I-6) to the Clerk s Report; Commissioner Valentino s add-on item concerning the Felix Miga Citizens Center; Commissioner Whitehead s add-on item concerning the Marcus Pointe Homeowners Association, Inc.; Commissioner White s two add-on items, one concerning the appointment of a Director for the Planning and Zoning Department and one concerning dunking the County Administrator at the County Employees Picnic; and Addendum #1 (Item I-4) and Addendum #2 (Item I-5) to the County Attorney s Report. 5. Commissioners Forum: A. DISTRICT 4: The Board was advised by Commissioner Robinson that the result of an evaluation conducted by peers within the State revealed that Escambia County is ranked Number 16 out of the 67 Counties in Florida for being one of the more affordable Counties in which to live; B. DISTRICT 2: The Board heard comments from Commissioner Valentino, who expressed his appreciation to Janice R. Kilgore, Director, Public Safety Department, and John Dosh, Chief, Emergency Management, Public Safety Department, for protecting the well being of the citizens in this community; and C. DISTRICT 3: The Board was advised by Commissioner Young that National Prayer Day is Thursday, May 3, 2007, and there will be prayer services at City Hall from 12:15 p.m. to 12:30 p.m. 5/1/2007 Page 2 of 50 klc

3 REGULAR BCC AGENDA Continued 6. Proclamations/Special Recognition Motion made by Commissioner Robinson, seconded by Commissioner Young, and carried unanimously, taking the following action concerning Proclamations/Special Recognition, as amended to drop Items B through H, which will be placed on the May 24, 2007, Agenda: A. Taking the following action concerning adoption/ratification of the following six Proclamations: (1) Adopting the Proclamation commending and congratulating Roger Silverthorne, Chief Financial Officer, Escambia County Tax Collector s Office, on his retirement after almost 30 years of dedicated service; (2) Adopting the Proclamation rededicating the Theodore Bruno Juvenile Justice Building located at 1800 St. Mary Street; (3) Adopting the Proclamation proclaiming the week of May 6-12, 2007, as Building Safety Week in Escambia County; (4) Adopting the Proclamation proclaiming the week of May 7-11, 2007, as Small Business Week in Escambia County; (5) Adopting the Proclamation proclaiming the week of May 20-26, 2007, as Emergency Medical Services Week in Escambia County; and (6) Ratifying the Proclamation dated April 18, 2007, proclaiming the week of May 20-26, 2007, as Public Works Week in Escambia County; B. Dropping the recommendation that the Board recognize, and present a certificate to, Coastal Real Estate Group for their efforts in making Escambia County a better place to live; C. Dropping the recommendation that the Board recognize, and present a certificate to, Escambia County Fire and Rescue Station 19 for their efforts in making Escambia County a better place to live; (Continued on Page 4) 5/1/2007 Page 3 of 50 klc

4 REGULAR BCC AGENDA Continued 6. Continued D. Dropping the recommendation that the Board recognize, and present a certificate to, Neighborhood and Environmental Services Department employees for their efforts in making Escambia County a better place to live; E. Dropping the recommendation that the Board recognize, and present a certificate to, Friends of Pensacola State Parks for their efforts in making Escambia County a better place to live; F. Dropping the recommendation that the Board recognize, and present a certificate to, Perdido Bay Youth Sports Association for their efforts in making Escambia County a better place to live; G. Dropping the recommendation that the Board recognize, and present a certificate to, Perdido Key Area Chamber of Commerce for their efforts in making Escambia County a better place to live; and H. Dropping the recommendation that the Board recognize, and present a certificate to, Perdido Key Rotary International for their efforts in making Escambia County a better place to live. 7. Employee of the Month Proclamations Motion made by Commissioner Young, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Employee of the Month Proclamations: A. Adopting the two Proclamations commending and congratulating the following employees for being selected as Employees of the Month for May 2007: (1) Ms. Terri L. Mason, Environmental Analyst, Solid Waste Management Department, Community Services and Public Safety Agency; and (2) Ms. Robin Lambert, Accountant, Engineering Department, Public Works and Land Management Agency; and (Continued on Page 5) 5/1/2007 Page 4 of 50 klc

5 REGULAR BCC AGENDA Continued 7. Continued B. Recognizing, with pins and certificates, the below-named employees for their dedication and years of service to the County: (1) Tim Tima-an, Engineering, 35 years; and (2) Esther M. King, Community Corrections, 25 years. 8. Written Communication The Board took no action regarding the Communication from Dawn Pfeifer, Managing Member, D & E Property Solutions, requesting that the Board consider releasing two liens, in the total amount of $9,689.06, from property located at 2501 North B Street (the Board was advised by Shirley Gafford, Program Coordinator, County Administrator s Office, during Agenda Work Session that, at the request of Dawn Pfeifer, this item has been dropped). 9. Proofs of Publication Motion made by Commissioner Robinson, 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 seven Public Hearings on the agenda: (1) The 5:31 p.m. Public Hearing, advertised in The Escambia Sun-Press, LLC, on April 5, 2007, for consideration of the Petition to Vacate a portion of Mayflower Avenue and an alleyway in Block 57, Figland Park Subdivision; (2) The 5:32 p.m. Public Hearing, advertised in the Pensacola New Journal on April 16, 2007, for consideration of adopting an Ordinance creating the East Port Street Lighting MSBU; (Continued on Page 6) 5/1/2007 Page 5 of 50 klc

6 REGULAR BCC AGENDA Continued 9. Continued A. Continued (3) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on April 19, 2007, for consideration of adopting an Ordinance amending the Official Zoning Map; (4) The 5:46 p.m. Public Hearing, advertised in the Pensacola News Journal on April 19, 2007, for consideration of adopting an Ordinance amending the Official Zoning Map; (5) The 5:47 p.m. Public Hearing, advertised in the Pensacola News Journal on April 19, 2007, for consideration of adopting an Ordinance amending LDC Articles 3 and 7, to include revisions to the fence definition; (6) The 5:49 p.m. Public Hearing, advertised in the Pensacola News Journal on April 19, 2007, for consideration of Vested Rights Determination VRD ; and (7) The 5:50 p.m. Public Hearing, advertised in the Pensacola News Journal on April 19, 2007, for consideration of adopting an Ordinance amending LDC Articles 3 and 4, Subdivision Regulations; and (Continued on Page 7) 5/1/2007 Page 6 of 50 klc

7 REGULAR BCC AGENDA Continued 9. Continued B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule April 30 May 4, 2007 Legal No , as published in the Pensacola News Journal on April 29, 2007, as follows: May 1 9:00 a.m. Agenda Work Session May 1 1:30 p.m. Environmental Enforcement Special Magistrate May 1 4:30 p.m. Board of County Commissioners Public Forum May 1 5:00 p.m. The Arts Council of Northwest Florida May 1 5:30 p.m. Board of County Commissioners Public Hearings & Reports May 2 8:30 a.m. Examination Committee for Competency Board May 2 9:00 a.m. Construction Industry Competency Board May 2 9:00 a.m. Comm. White Molino Office Hours-Sheriff s Sub-Station May 2 1:00 p.m. Development Review Committee May 2 6:00 p.m. Star Lake Enhanced Neighborhood Protection Zone May 3 8:00 a.m. Incident Review Board May 3 8:30 a.m. Board of Adjustment Special Hearing for Administrative Appeal May 3 1:30 p.m. Citizens Environmental Committee May 4 12:00 p.m. Theodore Bruno Building Re-dedication NEXT WEEKS NOTE: May 7 1:00 p.m. FL-AL Transportation Planning Organization: Technical Coordinating May 7 3:30 p.m. FL-AL Transportation Planning Organization: Citizens Advisory May 7 5:30 p.m. Marine Advisory Committee 5/1/2007 Page 7 of 50 klc

8 REGULAR BCC AGENDA Continued 10. 5:31 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried 4-1, with Commissioner Young voting no, taking the following action regarding the Petition to Vacate a portion of Mayflower Avenue (385 feet by 40 feet = 15,400 square feet, or 0.35 acre) and an alleyway (385 feet by 10 feet = 3,850 square feet, or 0.08 acre) in Block 57, Figland Park Subdivision, as petitioned by Pensacola Pools, Inc., and John Kiley s Cycle World, Inc.: A. Approving the Petition to Vacate; B. Accepting the Hold/Harmless Agreement; C. Adopting the Resolution (R ) 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): Roosevelt Adams Alice D. McIntyre Thomas J. Gilliam Abrenda Adams 5/1/2007 Page 8 of 50 klc

9 REGULAR BCC AGENDA Continued 11. 5:32 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the East Port Street Lighting Municipal Services Benefit Unit (MSBU), and all related documents, and making the following findings of fact: A. Lots in the District are specially benefited since street lighting not only increases the market value of an individual lot in the District, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark; B. The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District; C. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and D. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment for street lighting. Speaker(s) None. 5/1/2007 Page 9 of 50 klc

10 CLERK OF COURTS & COMPTROLLER S REPORT Honorable Ernie Lee Magaha, Clerk of the Circuit Court & Comptroller I. CONSENT AGENDA 1-6. Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, approving Consent Agenda Items 1 through 6, as follows: 1. Accepting, for filing with the Board's Minutes, the following two Reports prepared by the Clerk & Comptroller's Finance Department: A. Payroll Expenditures as of Payday April 20, 2007, in the amount of $2,579,113.65; and B. Disbursement of Funds from April 12, 2007, to April 18, 2007, in the amount of $3,559, Adopting the Resolution (R ) authorizing the write-off of $807, in receivables that have been recorded in the Emergency Medical Services Fund of the County and have been determined to be uncollectible bad debts. 3. Accepting, for filing with the Board's Minutes, the Escambia County Pensacola Civic Center Internal Audit Report February 22, 2007, as prepared by Carr, Riggs & Ingram, LLC, and provided to the Clerk & Comptroller s Finance Department, and the response from Sandie Aaron, Regional Vice President for SMG. 4. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk to the Board s Office: A. The Community Center License and Management Agreement with Oak Grove Community Center, Inc., based on the Board's February 5, 2004, action approving the Form of Agreement; and B. The March 27, 2007, letter from Ericka L. Burnett, City Clerk, submitting a certified copy of Ordinance No , incorporating a certain area (located at the northwest corner of "T" Street and Gadsden Street, Lots 17-23, Block 206, West King Tract) contiguous and adjacent to the City of Pensacola into the City of Pensacola, and declaring said area to be a part of the City of Pensacola; repealing clause, and providing an effective date, as adopted by the City of Pensacola on March 22, /1/2007 Page 10 of 50 klc

11 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda 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 Forum Work Session and Regular Board Meeting held April 19, 2007; B. Accepting, for filing with the Board's Minutes, the Report of the April 19, 2007, Agenda Work Session; and C. Accepting, for filing with the Board's Minutes, the Report of the April 12, 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 9:04 a.m. 2. Was the Meeting Properly Advertised? The C/W was advised by Patricia L. Sheldon, Clerk s Administrator of Financial Services, that the meeting was advertised in the Pensacola New Journal on Sunday, April 8, 2007, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule April 9 April 13, 2007, Legal Number (Continued on Page 12) 5/1/2007 Page 11 of 50 klc

12 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Pensacola Bay Area Chamber of Commerce Six Month Report A. Discussion The C/W viewed a PowerPoint Presentation, which was also provided in hard copy, entitled Pensacola Bay Area Chamber of Commerce Year To Date Report April 2007, presented by Evon Emerson, Ed Schroeder, Craig Dalton, and Charles Wood, of the Pensacola Bay Area Chamber of Commerce, and received a brochure entitled Pensacola Bay Area Visitor Guide; and B. Board Direction None. 4. Escambia County Road Prison Program Presentation A. Discussion The C/W: (Continued on Page 13) (1) Viewed a PowerPoint Presentation, which was also provided in hard copy, entitled Escambia County Road Prison, A Division of the Escambia County Road Department, presented by Jeff Bohannon, Superintendent, Road Prison, who advised that all County work is completed by inmates, who are learning a trade while saving the County money; and (2) Heard the request from Commissioner White that the PowerPoint Presentation be included as part of the next TV show for District 5; and 5/1/2007 Page 12 of 50 klc

13 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 4. Continued B. Board Direction None. Speaker(s): Gilbert Larson Wesley Bryant Henry Addie Bill Farinas Dale Kite 5. Santa Rosa Island Authority Visioning Process A. Discussion The C/W reviewed and discussed two reports provided by W. A. Buck Lee, General Manager, Santa Rosa Island Authority (SRIA), one entitled, Past Studies Pensacola Beach, Florida, and one entitled, Overview of Past Visioning, Pensacola Beach, Florida, , and the C/W: (Continued on Page 14) (1) Was advised by County Attorney Lander that: (a) The SRIA is basically the County s agent, tasked with the responsibility of leasing the space to businesses and, to some degree, the residents of Santa Rosa Island/Pensacola Beach; and 5/1/2007 Page 13 of 50 klc

14 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Continued A. Continued (1) Continued (b) Although there is only one Comprehensive Plan in Escambia County, there is a Land Use Plan for Santa Rosa Island and Pensacola Beach; and (c) Substantive decisions by the SRIA regarding land use and commercial lease issues are subject to the approval of the Board of County Commissioners; (2) Was advised by County Administrator Touart that Escambia County is in the process of clearing the rights-of-way on Pensacola Beach and, once the sand is cleaned, it will be placed on the Beach; and (3) Heard comments from Administrator Touart regarding a fireworks display to be conducted by the private entity, Fun Coast Promotions; and B. Board Direction The C/W recommends the Board approve a $20,000 disbursement to the Pensacola Beach Chamber of Commerce, from the 4th Cent Tourist Development Tax proceeds, to fund a Fourth of July fireworks display on Pensacola Beach, to be conducted by Fun Coast Promotions. Recommended 5-0 (Continued on Page 15) 5/1/2007 Page 14 of 50 klc

15 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 6. Shooting Range Quintette Road A. Discussion The C/W discussed the Shooting Range on Quintette Road and was advised by Kevin Briski, Director, Parks and Recreation, that the Escambia River Muzzle Loaders is requesting that the Board consider extending the May 2008 deadline imposed by the Board at the March 8, 2007, C/W Workshop; and B. Board Direction The C/W heard the request from Commissioner Robinson that staff provide an active update to the Board in three months. 7. Well Head Protection Cove Road Pit A. Discussion The C/W was advised by Keith Wilkins, Director, Neighborhood and Environmental Services Department, that the Northwest Florida Water Management District and Emerald Coast Utilities Authority do not support developing a mechanism to vary the provisions of the Wellhead Protection Ordinance, as proposed by Jesse W. Rigby at the January 25, 2007, C/W Workshop; and B. Board Direction None. (Continued on Page 16) 5/1/2007 Page 15 of 50 klc

16 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 8. Sign Ordinance A. Discussion The C/W viewed a PowerPoint Presentation, which was also provided in hard copy, entitled Signs, Signs, Everywhere Signs!, presented by Horace Jones, Planning and Zoning, and the C/W: (1) Heard the request from Mr. Jones that the Board provide staff with direction concerning the enforcement and/or revision of the existing Ordinance; and (2) Was advised by County Attorney Lander that the Sign Ordinance needs revision prior to the issuance of citations by Code Enforcement; therefore, she will provide a draft of the revised Ordinance at a later date; and B. Board Direction None. 9. Grants Policy A. Discussion The C/W discussed the Grants Policy and heard the request from County Attorney Lander that her staff review this Policy and come back at a later date with an update; and B. Board Direction None. (Commissioner Whitehead was not present during this discussion) (Continued on Page 17) 5/1/2007 Page 16 of 50 klc

17 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 10. Dedication of New Sheriff s Garage A. Discussion The C/W discussed the March 6, 2007, request from Janice R. Kilgore that the New Sheriff s Garage be dedicated in memory of her father, Jimmy F. Rogers, Sr.; and B. Board Direction The C/W recommends the Board approve naming the new Sheriff s garage the Jimmy F. Rogers, Sr., Garage, in memory of Janice R. Kilgore s father, who was the first Garage Supervisor for the Sheriff s Office. Recommended 4-0, with Commissioner Whitehead absent 11. Naming I-10 Escambia Bay Bridge Artificial Reefs A. Discussion The C/W discussed naming the I-10 Escambia Bay Bridge Artificial Reefs, and the C/W: (Continued on Page 18) (1) Was advised by County Administrator Touart that State Representative David Murzin, House District 2, is requesting that the Board consider adopting a Resolution designating the I-10 Escambia Bay Bridge as the David Bogan Bridge; and (2) Was advised by Commissioner Robinson that the County should develop a procedure for the naming of projects within the County; and 5/1/2007 Page 17 of 50 klc

18 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Continued B. Board Direction The C/W recommends the Board authorize staff to coordinate with Santa Rosa County regarding a Joint Resolution in support of naming the I-10 Escambia Bay Bridge in honor of David Bogan, who was the Florida Department of Transportation s Project Manager for the construction of the Bridge. Recommended 4-0, with Commissioner Whitehead absent 12. Interstate Access Study for I-10 A. Discussion The C/W reviewed a brochure entitled I-10: Davis Highway to Avalon Boulevard Project Reevaluations and Interstate Access Studies, presented by Chris Merritt, Post, Buckley, Schuh & Jernigan (PBS&J) Project Manager, and the C/W: (Continued on Page 19) (1) Was advised by Mr. Merritt that the Florida Department of Transportation (FDOT) has contracted with PBS&J to perform project reevaluations and studies for the following projects: (a) Project Development & Environmental (PD&E) Study for widening of I-10 to six lanes from east Davis Highway to the Escambia Bay Bridge, which also will consider any changes to the Scenic Highway interchange; (b) The second PD&E Study will consider widening I-10 to six lanes to east of the Avalon Boulevard interchange, and any necessary changes to the Avalon interchange; and 5/1/2007 Page 18 of 50 klc

19 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 12. Continued A. Continued (c) Simultaneously, should it be determined that a new interchange at 9th Avenue is warranted, an interchange justification report will be prepared and the configuration of the I-10/9th Avenue interchange will be identified as the preferred alternative in the earlier PD&E Study; and (2) PBS&J will be reassessing the benefits and costs of a new interchange at 9th Avenue and, if local government does not support the interchange, the FDOT will have no interest in pursuing it further; and B. Board Direction None. (Commissioner Whitehead was not present during this discussion) 13. Ordinance Amending Land Development Code Articles 2, 3, 6, 7, & 11 Construction and Demolition Debris A. Discussion The C/W was advised by County Attorney Lander that she will meet with each Commissioner at a later date to discuss this item; and B. Board Direction None. (Continued on Page 20) 5/1/2007 Page 19 of 50 klc

20 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 14. Communications Services Tax Update A. Discussion The C/W was advised by County Attorney Lander that the State of Florida, Department of Revenue (DOR) is in process of auditing the misallocation of the Communications Services Tax that was erroneously sent to the City of Pensacola, for a year and a half, and, once the audit is complete, the DOR will determine how to properly refund or credit the Tax to the County, and, further, that she recommends this matter be monitored by the County s Lobbyists; and B. Board Direction None. (Commissioner Whitehead was not present during this discussion) 15. Community Action Program s Request for Increased Funding A. Discussion The C/W was advised by Commissioner Young that Community Action Program s request for the additional funding of $25,000 is a result of several Workers Compensation settlement claims with Governmental Risk Insurance Trust against the Agency; and B. Board Direction The C/W heard the request from Commissioner Whitehead that staff bring this issue to the April 19, 2007, Board Meeting, under Written Communication, and invite Brenda Trimble to attend. (Continued on Page 21) 5/1/2007 Page 20 of 50 klc

21 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 16. Escambia County Area Transit A. Discussion The C/W: (1) Viewed a PowerPoint Presentation, which was also provided in hard copy, entitled Escambia County Area Transit, April 2007, presented by Dawn Groters, Escambia County Area Transit (ECAT); (2) Was advised by Commissioner Valentino that he is working with the Florida-Alabama Transportation Planning Organization to create a more regional approach to transportation; and (3) Heard the request from Commissioner White that staff speak with (Robert A.) Bob Cole, Santa Rosa County Commissioner, regarding the biodiesel issue; and B. Board Direction None. (Commissioner Whitehead was not present during this discussion) (Continued on Page 22) 5/1/2007 Page 21 of 50 klc

22 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 17. Highlights of the Fiscal Year 2006 Comprehensive Annual Financial Report A. Discussion The C/W viewed a PowerPoint Presentation, which was also provided in hard copy, entitled CAFR for the Year Ended September 30, 2006, Escambia County, Florida, presented by Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services; and B. Board Direction None. (Commissioner Robinson and Commissioner Whitehead were not present during this discussion) 18. Proposal for Property Located on Bauer Road to be Utilized for a Sports Complex A. Discussion The C/W discussed the proposal for property located on Bauer Road to be utilized for a sports complex, and the C/W: (Continued on Page 23) (1) Was advised by County Administrator Touart that staff has located property for sale on Bauer Road, which is located in District 1 and borders District 2, that could be utilized as a Sports Complex; and (2) Upon inquiry from Commissioner White, was advised by Kevin Briski, Director, Parks and Recreation, that the funding source for the project is Local Option Sales Tax III; and 5/1/2007 Page 22 of 50 klc

23 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 5. Continued C. Report of the April 12, 2007, C/W Workshop Continued AGENDA NUMBER Continued 18. Continued. B. Board Direction The C/W recommends the Board direct staff to obtain an appraisal on property located on Bauer Road, consisting of 75 (+/-) acres of uplands, which could be utilized for a Sports Complex, and 219 (+/-) acres of wetlands, which could be utilized for wetland mitigation for the Sorrento Road Project. Recommended 5-0 ANNOUNCEMENTS 1. Discussion concerning C/W Schedule The C/W recommends the Board authorize staff to amend the Board s Policy regarding C/W scheduling, to schedule two C/W Workshops, if necessary, from 9:00 a.m. to 12:00 p.m., during the second and fourth week of each month, between Regular Board Meetings. Recommended 5-0 ADJOURNMENT Chairman White declared the Meeting adjourned at 1:51 p.m. 6. Accepting, for filing with the Board s Minutes, the Annual Audit Report for the Fiscal Year ended September 30, 2006, as prepared by the Finance Department of the Clerk & Comptroller s Office and audited by O Sullivan Creel, LLP, Certified Public Accountants and Consultants, as delivered to the Clerk & Comptroller s Office by the Auditors on April 25, /1/2007 Page 23 of 50 klc

24 GROWTH MANAGEMENT REPORT Robert R. Bob McLaughlin, Assistant County Administrator I. PUBLIC HEARINGS 1. Rezoning Cases Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried 4-0, with Commissioner Young temporarily out of Board Chambers, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on March 26, 2007: A. Adopting the RHE s recommendation and approving C-2; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (1) Case Number: Z Location: 4101 and 4100 Block of Mobile Highway Property Reference Numbers: 34-2S and 34-2S Property Size: 2.08 (+/-) acres From: C-1, Retail Commercial District (cumulative), High Density (25 dwelling units per acre) To: C-2. General Commercial and Light Manufacturing District (cumulative), (25 dwelling units per acre) FLU Category: C, Commercial Commissioner District: 2 Requested by: Hatch Mott MacDonald, Agent for Saufley Center Partners Ltd., Owners RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 25) 5/1/2007 Page 24 of 50 klc

25 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, remanding Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on March 26, 2007: (2) Case Number: Z Location: 3181 Stefani Road Property Reference Number: 38-1N Property Size: 9.44 (+/-) acres From: VR-1, Villages Rural Residential Districts (1 dwelling unit per 4 acres) To: V-2, Villages Single-Family Residential (2 dwelling units per acre) FLU Category: MU-6, Mixed Use 6, Area 2 Commissioner District: 5 Requested by: R. Todd Harris, Agent for L.D.J. Development, Inc. RHE Recommendation: Denial Staff Recommendation: Approval Speaker(s): R. Todd Harris Grover Bailey, Jr. Randy Pippin (Continued on Page 26) 5/1/2007 Page 25 of 50 klc

26 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, taking the following action concerning Rezoning Case Z , which was continued from the April 10, 2007, BCC Meeting: A. Overturning the RHE s recommendation and approving C-2 (on the basis that the Applicant recorded a Restrictive Covenant for Ingress/Egress [which will not permit ingress and egress over the property onto Cove Avenue and provides that vehicular traffic shall not be permitted over the property for travel onto Cove Avenue]; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (3) Case Number: Z Location: 9250 Cove Avenue Property Reference Number: 10-1S Property Size: 0.97 (+/-) acre From: Speaker(s): R-3, One-Family and Two-Family District, (cumulative), Medium Density (10 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District (cumulative), High Density (25 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 5 Requested by: RHE Recommendation: Staff Recommendation: Wiley C. Buddy Page Wiley C. Buddy Page, Agent for Clyde H. and Pauline J. Pearson, Owners Denial Denial 5/1/2007 Page 26 of 50 klc

27 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 2. 5:45 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting an Ordinance (Number ) to amend the Official Zoning Map to include Rezoning Case Z heard on March 26, 2007, before the Rezoning Hearing Examiner, and Z continued from the Board on April 10, 2007, and approved during the previous Agenda item, and to provide for severability, inclusion in the Code, and an effective date. Speaker(s) None. 3. 5:46 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, approving to hold for one month, and schedule a Public Hearing on June 7, 2007, at 5:49 p.m., the recommendation that the Board review the following Case for reconsideration pursuant to the Circuit Court s Order: Case Number: Z Location: 3008 Highway 95-A Property Reference Numbers: 21-1N , 21-1N , 21-1N and 21-1N Property Size: (+/-) acres From: GID, Gateway Industrial District and VM-2, Villages Mixed Residential/Commercial District (7 dwelling units per acre) To: ID-2, General Industrial District (non-cumulative) FLU Category: MU-6, Mixed Use Commissioner District: 5 Requested By: Pensacola Ready Mix, LLC Speaker(s): Ed Fleming Derreck Pearson Lisa Wise Fagan Robert Fagan 5/1/2007 Page 27 of 50 klc

28 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 4. 5:47 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting an Ordinance (Number ) amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended; amending Article 3, Definitions, and Article 7, Performance Standards, amending Section , creating Sections through to establish guidelines for fence heights within residential and commercial districts, fence setback requirements, and permitted fence material; providing for severability, inclusion in the Code, and an effective date. Speaker(s) None. 5. 5:49 p.m. Public Hearing A. Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting the recommendation of the Vested Rights Committee (VRC) granting the vested rights for the following Case: Case Number: VRD Location: 9221 Cove Avenue (formerly 9211 ½ Cove Ave) Parcel Number: 10-1S Zoning District: R-3 Vested Rights for: Mobile Home Applicant: Edward T. Nims VRC Recommendation: Approval B. Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, authorizing the Chairman to sign the Vested Rights Certificate. Speaker(s): Robert Beasley Jon White Jessie W. Rigby Edward Nims Richard R. Greene, Sr. William M. Welch 5/1/2007 Page 28 of 50 klc

29 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 6. 5:50 p.m. Public Hearing Motion made by Commissioner Valentino, seconded by Commissioner Young, and carried unanimously, continuing the Public Hearing, relative to the recommendation that the Board, at the 5:50 p.m. Public Hearing, take the following action concerning an Amendment to the Land Development Code (LDC), Subdivision Regulations: A. Ratify the scheduling to include the 5:50 p.m. Public Hearing for (consideration of adopting an Ordinance amending) Articles 3 and 4, Subdivision Regulations and; B. Review and approve a proposed amendment to the Escambia County Land Development Code (Ordinance 96-3, as amended); amending Article 3 Definitions, Section , to amend the definition of Right-of-Way, and add definitions for Minor Subdivision and Single-lot Split; and amending Article 4 Subdivision Regulations, Section adding Single-lot split, Section to delete Unplatted subdivisions, and add Minor subdivisions and provide review requirements, and Section E to delete Unplatted subdivisions; providing for severability, inclusion in the Code, and an effective date. Speaker(s) None. II. ACTION ITEMS 1. Corrected Order for Case Z Motion made by Commissioner Robinson, seconded by Commissioner Young, and carried unanimously, authorizing the Chairman to sign the Corrected Order for Case Z due to a scrivener s error. 2. Reappointment of Rodney Jackson Motion made by Commissioner Robinson, seconded by Commissioner Young, and carried unanimously, reappointing Rodney Jackson to the Planning Board, at-large position, for a two-year term, effective May 1, 2007, through April 15, /1/2007 Page 29 of 50 klc

30 GROWTH MANAGEMENT REPORT Continued III. CONSENT AGENDA 1. Scheduling of Public Hearings Motion made by Commissioner Robinson, seconded by Commissioner Valentino, and carried unanimously, scheduling the following four Public Hearings, as amended to schedule the 5:46 p.m. Public Hearing for the second Meeting in June (June 21, 2007), and to schedule a Public Hearing at 5:49 p.m. on June 7, 2007, for consideration of Rezoning Case Z : A. 5:45 p.m. Thursday, June 7, 2007 A Public Hearing (for consideration of adopting an Ordinance) to amend the Official Zoning Map to include the following Rezoning Case heard by the Rezoning Hearing Examiner (RHE) on April 23, (1) Case Number: Z Location: 100 Block South Chaseville Street Property Reference Number: 38-2S Property Size: 3.36 (+/-) acres From: C-1, Retail Commercial District (cumulative), (25 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District, (cumulative), (25 dwelling units per acre) FLU Category: C, Commercial Commissioner District: 2 Requested by: Tom Hammond, Hammond Eng., Inc. Agent for Alexakos and Owens, LLC B. 5:46 p.m. Thursday, June 21, 2007 A Public Hearing (to) review (and consider adopting) an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code (LDC), as amended; amending Article 3, Definitions, hotels and motels, as related to the limitation on an owner s stay in a condominium-financed hotel unit from two weeks to sixteen weeks; providing for severability, inclusion in the Code, and an effective date; (Continued on Page 31) 5/1/2007 Page 30 of 50 klc

31 GROWTH MANAGEMENT REPORT Continued III. CONSENT AGENDA Continued 1. Continued C. 5:47 p.m. Thursday, June 7, 2007 A Public Hearing to review and (consider adopting) an Ordinance of Escambia County, Florida, amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended; amending Chapter 7, The Future Land Use Element, as authorized by Section 7.06; providing for a Small Scale Amendment (SSA ), to the Year 2020 Future Land Use Map, as amended, and as requested by Leslie Cole, Agent for Linda Hulley, Trustee, changing the Future Land Use (FLU) of 0.34 (+/-) acre, located at 5621 Bauer Road, from Residential (R) to Commercial (C); providing for a title; a copy on file; severability; and an effective date; and D. 5:48 p.m. Thursday, June 7, 2007 A transmittal Public Hearing (the first of two required Public Hearings) to review two draft Ordinances amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended, per the following; and to approve transmittal of the Ordinances to the Department of Community Affairs (DCA) as the second amendment package for the Year 2007 (Comprehensive Plan Amendment [CPA] ): (1) CPA A Beulah Properties: Large-scale Comprehensive Plan Map Amendment, amending Chapter 7, The Future Land Use Element, providing for an amendment to the Year 2020 Future Land Use Map, as amended, changing the future land use category of one parcel located north of Frank Reeder Road and west of Beulah Road, from Agricultural (AG) and Activity Area 17 (AA-17) to Residential (R) totaling (+/-) acres; and (2) CPA B Wildwood Estates: Large-scale Comprehensive Plan Map Amendment, amending Chapter 7, The Future Land Use Element, providing for an amendment to the Year 2020 Future Land Use Map, as amended, changing the future land use category of three parcels located north of Devine Farm Road and west of Highway 97, from Agricultural (AG) and Mixed-Use 6 (MU-6) to Residential (R), totaling (+/-) acres. 5/1/2007 Page 31 of 50 klc

32 COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, approving Consent Agenda Items 1 through 12, as follows, as amended to correct the time from 12:00 p.m. to 12:00 a.m. in Items I-2 and I-3: 1. Ratifying the Agreement signed by the County Administrator for the use of the Baylen Street Parking Garage on April 14, 2007, by the Pensacola Downtown Improvement Board, for the Annual Pensacola Wine Festival, necessary due to anticipated inclement weather. 2. Approving the Special Event Permit Application for a limited waiver of the noise restrictions, imposed by the Escambia County Noise Abatement Ordinance, to extend time for the fireworks display being presented by Pensacola Pelicans Professional Baseball at Pelican Park, at the University of West Florida from 10:00 p.m. to 12:00 a.m. (directly after the game), Saturday, May 12, Approving the Special Event Permit Application for a limited waiver of the noise restrictions, imposed by the Escambia County Noise Abatement Ordinance, to extend time for the fireworks display being presented by Pensacola Pelicans Professional Baseball at Pelican Park, at the University of West Florida, from 10:00 p.m. to 12:00 a.m. (directly after the game), Saturday, May 26, Authorizing (the) scheduling and advertising of a Public Hearing at 5:32 p.m., on Thursday, May 24, 2007, to consider adoption of an Ordinance, amending Chapter 90, Article 1, Section 90-2, of the Escambia County Code of Ordinances; amending the requirements for appointing a Board of Commissioners of the Enterprise Zone Development Agency; providing for severability; providing for inclusion in the Code; and providing for an effective date. 5/1/2007 Page 32 of 50 klc

33 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 5. Taking the following action concerning Emerald Waste Services, LLC: A. Approving a Certificate of Need Application permitting the above-named company to operate in Escambia County; B. Approving the Non-Exclusive Long-Term Franchise Agreement for the Collection of Commercial Solid Waste, which would allow the above-named company to haul commercial solid waste in Escambia County; and C. Authorizing the Chairman to sign the Certificate and Agreement. 6. Approving the Requests for Disposition of Surplus Equipment to be sold as surplus, or appropriately disposed of, all of which are described on 11 Requests, as provided by various County Departments for the reasons stated on each, the value of which is estimated at under $5,000 each. 7. Scheduling a Public Hearing for June 7, 2007, at 5:31 p.m., to consider the Petition to Vacate an alleyway, measuring 20 feet by approximately 135 feet = 2,700 square feet, or 0.06 acre, in Block 17, Britton Place Subdivision, as petitioned by Marchetti, Inc. 8. Taking the following action concerning the approval of the Memorandum of Understanding between Escambia County Emergency Medical Services (EMS) and the Florida State University College of Medicine for a period of two years at no cost to the County: A. Approving the Memorandum of Understanding between Escambia County EMS and the Florida State University College of Medicine to allow medical students from the college to ride with EMS to gain emergency medical field experience; and B. Authorizing the Chairman to sign the Memorandum of Understanding. 5/1/2007 Page 33 of 50 klc

34 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 9. Approving, and authorizing the County Administrator to execute, the following Permit Applications and Agreements for the proposed One Stop Facility: A. Emerald Coast Utilities Authority: (1) Notice of Intent to Construct an Extension to Emerald Coast Utilities Authority s Drinking Water Distribution System and/or Wastewater Collection/Transmission System; and (2) Utility Service Agreement for Construction of Water and Wastewater System Extensions; B. State of Florida Department of Transportation: (1) Drainage Connection Permit Application; and (2) Driveway/Connection Application for All Categories; and C. State of Florida Department of Environmental Protection: Notice of Intent To Use General Permit (Section F.A.C.) for New Stormwater Discharge Facility Construction, Chapter Florida Administrative Code 10. Confirming the County Administrator s appointment of Charles Clay Miller, to the Citizens Environmental Committee effective May 1, 2007, through April 30, 2008, replacing Sava Varazo, who resigned; the County Administrator s appointee serves a one-year term. 5/1/2007 Page 34 of 50 klc

35 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 11. Taking the following action concerning reappointment/appointment to the Tourist Development Council: A. Reappointing Mr. Ken Strelzyk, retroactive from November 30, 2005, through December 30, 2006, as a Hotel/Motel Industry appointee, for housekeeping purposes; and B. Appointing Mr. Naresh (Nash) Patel, CHA, effective May 1, 2007, through April 30, 2011, replacing Ken Strelzyk, who resigned his position as a Hotel/Motel Industry appointee. 12. Taking the following action concerning two reappointments to the Escambia County Housing Finance Authority: A. Waiving the Board s Policy Section I Part B 1. (D), Appointment Policy and Procedures; and B. Reappointing Lamar B. Cobb and Sandra J. Ward for an additional four-year term, effective August 1, 2007, through July 31, 2011, as requested by Mr. Gordon R. Jernigan, Executive Director. 5/1/2007 Page 35 of 50 klc

36 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, approving Consent Agenda Items 1 through 27, as follows, with the exception of Item 4, which was held for a separate vote, as amended to drop Item 3: 1. Taking the following action regarding the Hurricane Housing Recovery Program (HHRP) Supported Transitional Housing Development Agreement with Emerald Coast Ministries, Inc.: A. Approving an Agreement with Emerald Coast Ministries, Inc., committing a maximum of $270,000 in HHRP funds to assist with financing the acquisition and minor renovation of an existing residential property located at 102 Palmetto Avenue to provide a minimum of 16 new transitional housing beds for women and women with children in Escambia County (Fund 120/HHRP ); and B. Authorizing the Chairman or Vice Chairman to execute the Agreement, and the County Administrator to execute related construction Contracts, and all project-related documents, as may be required, to complete the project. 2. Adopting the Resolution (R ) approving Supplemental Budget Amendment Number 235, General Fund (001), in the amount of $17,000, to recognize donations for the Sheriff s K-9 program and to appropriate these funds for the purchase of canines for use by the Sheriff. 3. Dropping the recommendation that the Board approve Budget Amendment Number 236, Community Redevelopment Fund (151), in the amount of $30,390, moving funds from reserves in the Community Redevelopment Agency (CRA)/ Brownsville Redevelopment Area to establish a new position titled the Community Services Liaison to implement human services initiatives in the CRA/ Brownsville Redevelopment Area of Escambia County for Fiscal Year 2006/2007; this new position will be under the Community Services Department. 4. See Page 45. 5/1/2007 Page 36 of 50 klc