Chairman Whitehead called the Regular Meeting of the Board of County Commissioners

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD NOVEMBER 16, 2000 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (5:35 p.m. pm. - 9:20 p.m.) pm.) Present: Commissioner D. M. "Mike" Whitehead, Chairman, District 1 Commissioner Willie J. Junior, Vice Chairman, District 3 Commissioner Thomas G. "Tom" Banjanin, District 4 Commissioner Michael T. "Mike" Bass, District 2 Commissioner Wilson B. Robertson, District 5 The Honorable Ernie Lee Magaha, Clerk of the Circuit Court Ms. Wanda M. McBrearty, Deputy Finance Director, Clerk of the Circuit Court Mr. Thomas L. Forrest, Interim County Administrator Ms. Janet Lander, Deputy County Attorney Ms. Doris C. Harris, representing the Deputy Clerk to the Board CALL TO ORDER Chairman Whitehead called the Regular Meeting of the Board of County Commissioners to order at 5:35 p.m., pm, in Board Chambers, third floor, Escambia County Courthouse, 223 Palafox Place, Pensacola, Florida. He said Commissioner Banjanin would lead the invocation and Commissioner Junior would lead the Pledge of Allegiance to the Flag. ADOPTION OF THE AGENDA AS PREPARED AND DULY AMENDED Upon inquiry from Chairman Whitehead, Commissioner Robertson said he had nothing to add to the agenda. Commissioner Banjanin said he had nothing to add to the agenda. Commissioner Bass said he would add one item to the agenda concerning Pensacola s Promise. Commissioner Junior said he would like to discuss the situation concerning West Florida Regional Medical Center and the HMO plan with Blue Cross/Blue Shield Insurance Company. 11/16/ blb

2 Chairman Whitehead said he had one item from staff concerning out-of-county travel, and he had been informed that Growth Management, Item 2, would be dropped. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, adopting the agenda as prepared and duly amended. COUNTY ADMINISTRATOR S REPORT - Interim County Administrator Thomas L. Forrest I.. CONSENT AGENDA 1.A. Adoption of a Proclamation for National Hospice Month After Interim County Administrator Forrest requested Mr. Ray Sansom to approach the lectern, Iectern, he proceeded to read a Proclamation regarding National Hospice Month, and presented the Proclamation to Mr. Sansom. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, adopting the Proclamation proclaiming the month of November, 2000, as "National Hospice Month" in Escambia County, which was accepted by Mr. Ray Sansom on behalf of Hospice. Commissioner Bass said he would thank Mr. Sansom for his outstanding service on the Okaloosa County Commission and his leadership throughout the State of Florida, and he commented briefly concerning the excellent services provided by Hospice in support of terminally ill people and their families. Mr. Ray Sansom said he thanked the Commissioners for their support of Hospice. He said Hospice had experienced considerable growth in Escambia County and he commented regarding his family s personal experiences with Hospice s services. 11/16/ blb

3 ACCEPTANCE OF THE DIVISION OF FORESTRY S ANNUAL REPORT Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, accepting, for filing with the Board s Minutes, the "Florida Department of onn'cu/ture Agriculture and Consumer Services, Division of Forestry, Annual Report on the FOREST PROTECTION PROGRAM AND THE COOPERATIVE FORESTRYPROGRAM TO THE ESCAMBIA COUNTY BOARD OF COMMISSIONERS, PENSACOLA, FLORIDA, JULY 1, JUNE 30, 2000", submitted by Elton Gilmore, Forest Area Supervisor, and Craig Iversen, lversen, County Forester, Division of Forestry. Mr. Elton Gilmore said the Department of Forestry appreciated the County s support, and he commented briefly. PRESENTATION OF PLAQUES TO COMMITTEE APPOINTEES OF COMMISSIONER WHITEHEAD AND COMMISSIONER ROBERTSON Commissioner Robertson said he would present plaques to his appointees to various County Boards and Committees, and he proceeded to call his appointees to the lectern as he read their individual plaques. Commissioner Whitehead said he also would present plaques to his appointees to the various County Boards and Committees, and he proceeded to call his appointees to the lectern as he read their individuals plaques, and the following nine (9) Committee appointees, whose terms of service would end November 20, 2000, each approached the lectern to receive their memorable plaques, with the exception of Mr. Garrett and Mr. Culligan who were unable to be present: A. Charles F. Welk, Commissioner Robertson s appointee to the Board of Adjustment; B. John C. Glenn, Commissioner Robertson s appointee to the Citizens Environmental Committee and also to the Planning Board; 11/16/ blb

4 C. Mr. Larry Garrett, Commissioner Robertson s appointee to the Citizens Environmental Committee; D. Mr. Dave Pavlock, Commissioner Robertson s appointee to the Santa Rosa Island Authority (SRIA); E. Mr. Terence S. 8. (Steve) Lockman, Commissioner Whitehead s appointee to the Board of Adjustment; F. Mr. Kerry Culligan, Commissioner Whitehead s appointee to the Citizens Environmental Committee; G. Mr. Russell H. Harris, Commissioner Whitehead s appointee to the Citizens Environmental Committee; H. Mr. Gary Holt, Commissioner Whitehead s appointee to the Planning Board; and I.. Mr. William H. (Bill) Griffith, Commissioner Whitehead s appointee to the Santa Rosa Island Authority (SRIA). WRITTEN COMMUNICATION 1. Approval of Re-Issuance of Building Permit for Beach Colony Resorts, Building Number 3 Mr. Greg Uzdevenes, Architect, East Cervantes Street, said he was present on behalf of the developers of the Beach Colony Resorts, which was a planned, three building condominium development, located on Perdido Key (a letter submitted in his November 8, 2000, letter addressed to the County Administrator s Office requested he be able to speak during Written Communication). He said the first two phases have been completed and the third phase, the east tower, had been permitted in February, 2000; the permit expired in August, 2000; and his clients wished to have the permit re-issued, as they were unable to begin construction on schedule, and he commented briefly. Ms. Nancy Stuparich, Director of the Growth Management Department, said in August, 1999, the Board took action regarding dwelling units on Perdido Key and basically approved 11/16/ blb

5 the issuance of building permits as long as the total did not exceed the 4,116 cap, and provided that construction had commenced no later than six (6) months after the issuance of the building permit. She said Mr. Uzdevenes was before the Board at this time because any extensions of the building permit would have to be granted by Board approval. Ms. Stuparich said the DRC Committee (Development Review Committee) did not have any issues or problems with the renewal after reviewing the file, and she commented that she did not know the nature of the delay with construction but she did not object to an extension of the permit. Upon inquiry from Commissioner Bass, Ms. Stuparich said the County had not exceeded its cap on Perdido Key. She said the number of dwelling units for this particular project was included in the Settlement Agreement with the Department of Community Affairs (DCA), and sufficient dwelling units were available to accommodate the subject project. Upon inquiry from Commissioner Junior, Mr. Uzdevenes said his clients currently had a similar project under construction in the Navarre area and did not have sufficient manpower at the time to complete the third tower on Perdido Key, and he commented briefly. Motion made by Commissioner Bass, seconded by Commissioner Robertson, and carried unanimously, approving to grant re-issuance of a building permit for Beach Colony Resorts, Building Number 3, located on Perdido Key, relative to Permit Number issued on February 2, 2000, expiring on August 2, 2000, prior to commencement of work. 2. Issue Referred to Staff Concerning Fines and Penalties Regarding Muldoon Road Drainage Problems Mr. Andrew K. Blewer, Midas Place, who had submitted a facsimile transmission dated November 8, 2000, to the County Administrator, requesting to speak during Written Communication, said he had been told by the Commissioners a few weeks ago that the 11/16/ blb

6 drainage problems on Midas Place would be corrected, relative to the flooding on Midas Place caused by water running off Muldoon Road, overgrown ditches, and an adjacent property owner having not only dammed a drainage pipe that had been used for more than thirty years, but also having changed the grade of the property, both of which have caused stormwater run off to adversely impact properties on Midas Place, a private road located north off Midas Road, one block east of Muldoon Road. He said nothing had been corrected, and he commented briefly. Mr. Blewer said Code Enforcement personnel informed Mr. Rodney Williams of his violations and that a permit was needed for the work involved on Mr. Williams property, and he was authorized a permit without a stormwater management plan, at which time he personally came to the Commissioners to complain. He asked why another thirty-day delay had been allowed for Mr. Williams to get a stormwater management plan. Mr. Blewer said he would request the Board fine and penalize Mr. Williams until the problems have been corrected. He said it was costing him as well as the County to continue to have crews attempt to correct drainage problems for which Mr. Williams was responsible, and he commented briefly. Mr. Blewer said it was his opinion that the County should fine and penalize Mr. Williams. Mr. Gregg Welstead, Chief of Environmental Code Enforcement, said Mr. Williams had submitted his stormwater management permit application today and it was under review by Engineering staff at this point in time. He said the delay was essentially because Mr. Williams had agreed to obtain a permit and therefore he had been granted a continuance at the Special Master Hearing, which had been re-scheduled for December 5, Mr. Welstead said the Special Master would take additional action if Mr. Williams had not complied at that time. Chairman Whitehead said he would suggest the Board refer the issue of fines and penalties to staff to determine what would be appropriate and legal under the existing Ordinance. 11/16/ blb

7 Motion made by Commissioner Bass, seconded by Commissioner Junior, and carried unanimously, referring the issue of fines and penalties to staff to address what would be appropriate or legal under the County s existing Ordinance as far as correcting drainage problems in the Muldoon Road area related to Mr. Rodney Williams who had been cited by County staff and had appeared at a Special Master Hearing, at which time Mr. Williams was granted thirty (30) days in which to obtain a permit relative to a drainage plan for his property on Midas Place. Mr. Blewer said he thanked Commissioner Junior for assisting in having the ditches cleaned so that the residents property was not being flooded from County property. ACCEPTANCE OF CERTIFIED AFFIDAVITS ESTABLISHING PROOF OF PUBLICATION Upon inquiry from Chairman Whitehead, the Honorable Ernie Lee Magaha, Clerk of the Circuit Court, said the Clerk s Office had received the certified affidavits for the Public Hearings on tonight s agenda. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, waiving the reading of the legal advertisements and accepting, for filing with the Board s Minutes, the certified affidavits establishing proof of publication for three (3) Public Hearings, as follows: A. The 5:31 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on October 19 and 26 and November 2 and 9, 2000, for consideration of adopting a Resolution electing to use (in compliance with Chapter , Florida Statutes) the Uniform Method of collecting non-ad valorem Special Assessments levied in both the unincorporated and incorporated areas of the County (to defray the costs of providing street lighting, road paving and drainage, disposal and recycling of solid waste, stormwater stonnwater management and fire protection services, parks, recreation and amenities, water services, sewer service, data communication services, law enforcement and mosquito services commencing for the Fiscal Year beginning October 1, 2001); stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date; 11/16/ blb

8 B. The 5:32 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on November 6, 2000, for consideration of adopting an Ordinance encouraging economic development in the County; establishing an exemption from certain Escambia County ad valorem taxation (Economic Development Ad Valorem Tax Exemption [EDATE] for 100% of the assessed value of all personal property) for Network Telephone Corporation, a new business located at 815 South Palafox Street, pursuant to Section , Florida Statutes; providing for short title; providing for the granting of and legislative intent for an exemption as a new business pursuant to Section (5), Florida Statutes; providing for certain County ad valorem tax information relating to the granting of such exemption; providing an expiration date of ten years (October 1, 2009, at 12:01 a.m.) am.) for such exemption; providing a findings of fact that Network Telephone Corporation meets the definition in Section (15), Florida Statutes, of a new business; providing a severability clause; providing for inclusion in the Code of Ordinances of Escambia County, Florida); providing for an effective date; and C. The 5:33 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on November 5, 2000, for consideration of adopting an Ordinance repealing Section 2-64(a) 2 64(a) and (b) of the Escambia County Code of Ordinances (Ordinance 96-40, as amended by Ordinance 97-44) relating to the salary of the County Administrator and the County Attorney; providing that such repeal shall not interfere with the existing contracts between the Escambia County Board of County Commissioners, the County Administrator and/or the County Attorney relating to salary, compensation and benefits; providing for severability; providing for an effective date. ADOPTION OF A RESOLUTION REGARDING THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS Motion made by Commissioner Bass, seconded by Commissioner Junior, and carried unanimously, after Chairman Whitehead advised there were no speakers relative to the 5:31 p.m. pm. Public Hearing, adopting a Resolution, in compliance with Chapter , Florida Statutes, electing to use the Uniform Method of collecting Non- Ad Valorem Special Assessments levied in both the unincorporated and incorporated areas of the County, to defray the costs of providing street lighting, road paving and drainage, disposal and recycling of solid waste, stormwater management and fire protection services, parks, recreation and amenities, water services, sewer service, data communication services, law enforcement and mosquito services, commencing for the Fiscal Year 11/16/ blb

9 beginning October 1, 2001; stating a need for such levy; providing for the mailing of this Resolution; and providing for an effective date. ADOPTION OF AN ORDINANCE REGARDING NETWORK TELEPHONE CORPORATION S EXEMPTION FROM AD VALOREM TAXATION Motion made by Commissioner Bass, seconded by Commissioner Robertson, and carried unanimously, adopting at the 5:32 p.m. pm. Public Hearing, after being advised by Chairman Whitehead there were no speakers, an Ordinance of Escambia County, Florida encouraging economic development in the County; establishing an exemption from certain Escambia County Ad Valorem Taxation (Economic Development Ad Valorem Tax Exemption [EDATE] for 100% of the assessed value of all personal property) for Network Telephone Corporation, a new business (located at 815 South Palafox Street), pursuant to Section , Florida Statutes; providing for short title; providing for the granting of and legislative intent for an exemption as a new business pursuant to Section (5), Florida Statutes; providing for certain County Ad Valorem Tax information relating to the granting of such exemption; providing an expiration date of ten years (October 1, 2009, at 12:01 a.m.) am.) for such exemption; providing a findings of fact that Network Telephone Corporation meets the definition in Section (15), Florida Statutes, of a new business; providing a severability clause; providing for inclusion in the Code of Ordinances of Escambia County, Florida); providing for an effective date. ADOPTION OF AN ORDINANCE REGARDING SALARIES OF COUNTY ADMINISTRATOR AND COUNTY ATTORNEY Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, adopting at the 5:33 p.m. pm. Public Hearing, after being advised by 11/16/ blb

10 Chairman Whitehead there were no speakers, an Ordinance (Ordinance Number ) repealing Section 2-64 (a) and (b) of the Escambia County Code of Ordinances (Ordinance 96-40, as amended by Ordinance 97-44) relating to the salary of the County Administrator and the County Attorney; providing that such repeal shall not interfere with the existing contracts between the Escambia County Board of County Commissioners, the County Administrator and/or the County Attorney relating to salary, compensation and benefits; providing for severability; providing for an effective date. CHAIRMAN WHITEHEAD RELINQUISHED THE CHAIR TO COMMISSIONER BASS. C/W AGENDA REVIEW WORKSHOP REPORT - Michael T. "Mike" Bass, Chairman I.. CONSENT AGENDA Approval of Various Consent Agenda Items Acting Chairman Bass advised the thirteen (13) Consent Agenda items discussed during the November 9th C/W Meeting included a revised recommendation on Item 7 to include Legal sign-off. Commissioner Robertson said he would request pulling Item 3 for discussion as someone had signed up to speak regarding same. Motion made by Commissioner Whitehead, seconded by Commissioner Junior, and carried unanimously, approving the Consent Agenda Items 1 through 13, holding Item 3 and revising Item 7, as follows: Adopting the Resolution approving Supplemental Budget Amendment Number 14, Mass Transit Operating Fund 104, in the amount of $61,996, to recognize FTA (Federal Transit Administration) Section 5311 funding to be used by Intelitran, the CTC (Community Transportation Coordinator), in providing paratransit services to citizens in the non-urbanized area of Escambia County. (Approved 5-0) 11/16/ blb

11 2. Taking the following action concerning Florida Defense Alliance/Defense Infrastructure Grant Program (Saufley Field Runway Clear Zone Enhancements) with the U. S. Navy, the Pensacola Area Chamber of Commerce, and Enterprise Florida involved with implementation of the project which is anticipated to be completed in twelve to eighteen months: A. Acknowledging, for the official record, the award of the 1999/2000 Florida Defense Alliance Defense Infrastructure Grant, in the amount of $560,000, by Enterprise Florida, Inc., and ratifying the Chairman s execution of the Agreement with Enterprise Florida, Inc.; B. Adopting the Resolution approving Supplemental Budget Amendment Number 16, in the amount of $576,800, Fiscal Year County Budget/Other Grants Fund 110, to recognize Grant revenues awarded to assist the County and U. S. Navy in managing the development of approximately 102 acres of property located in the critical flight path at the terminus of the four (4) runways at Saufley Field; C. Authorizing the Chairman or County Administrator (or his designee), as appropriate, to execute grant related documents as required to complete the project activities; and D. Authorizing County staff to negotiate with owners concerning the purchase, lease, or institution of development restrictions on those parcels located within the critical flight paths at Saufley Field Adopting the Resolution approving Supplemental Budget Amendment Number 18, in the amount of $585,630, Hurricane Georges Fund 105, to recognize a fund balance and to appropriate these funds for certain mitigation projects started following Hurricane Georges, including Wiggins Lake Road Bridge, EOC (Emergency Operations Center) Generator Flood Proofing Project and the Roof Retrofit for the Mosquito Control facility, all of which are FEMA (Federal Emergency Management Agency) reimbursable. 5. Approving the Miscellaneous Appropriations Agreement between Escambia County and Pensacola-Escambia Clean Community Commission, Inc., d/b/a CLEAN & GREEN, to be paid from General Fund 001, for a period beginning October 1, 2000, and ending September 30, 2001, in the amount of $10,000, for an Individual Assistance Program to help elderly, disabled, and/or citizens on fixed income, to clear up property appearance violations which have been duly cited by County Code Enforcement. 11/16/ blb

12 Accepting, for filing with the Board s Minutes, the following Information Report to Jean A. Kassab, Interim Assistant County Administrator, Administrative Services Department, from the Honorable Ernie Lee Magaha, Clerk of the Circuit Court, dated October 23, 2000, concerning three (3) temporary interfund loans, as follows: A. Information Report dated October 10, 2000, transferring funds from General Fund 001 to Mass Transit Fund 104, in the amount of $303,788.62, for ATC/Vancom Management Services; B. Information Report dated October 12, 2000, transferring funds from General Fund 001 to FTA (Federal Transit Administration)-Capital Projects Fund 320, in the amount of $53,008.11, for vouchers payable on October 11, 2000; and C. Information Report dated October 18, 2000, transferring funds from Escambia Affordable Housing Fund 124 to HUD (Department of Housing and Urban Development) HOME Fund 147, in the amount of $35,103.75, for vouchers payable on October 18, Approving, as amended to add subject to Legal sign-off, staff s recommendation concerning recycling: A. Taking the following action concerning Property Owner s Release of Claims for Damages Agreement with Ever Man Natural Foods Cooperative, Inc., with funding available in Solid Waste Fund 401, Cost Center : (1) Approving the recommendation to add the Ever Man Natural Foods Cooperative, Inc., as an Escambia County Drop-Off Site; and (2) Authorizing the Chairman to execute an Agreement and any related documents necessary to implement the project, subject to Legal sign-off; and B. HOLDING the C/W s CNV s discussion concerning County-wide recycling until the December 12, 2000, C/W ClW Meeting Accepting, for filing with the Board s Minutes, an Information Report in which the Department of Solid Waste Management Activities for the second semester of Fiscal Year 2000 are summarized, displaying a comparative summary of the mass of material handled and the revenues received for the Fiscal Year, noting the decrease in tipping fee revenue and Class III tonnage is most likely attributable to the lack of hurricane debris managed during this Fiscal Year: 11/16/ blb

13 Fiscal Year Fiscal Year Change Total Tonnage 247, ,622 3,086 Class I Tonnage 181, , Class III Tonnage 21,357 37,192 (15,835) Tipping Fee $5,846,209 $6,553,925 ($707,717) ($707,717) Revenue Franchise Fee $2,800,394 $2,541,517 $258,877 Revenue Recycling Revenue $142,538 $ 72,779 $ 69, Taking the following action concerning 71st Avenue Traffic Calming; Funding source - Capital Improvement Program Fund Local Option Sales Tax Extension: A. Accepting, for filing with the Board s Minutes, the Petition for Removal of Traffic Calming Devices on 71st Avenue between West Jackson Street and Penton Street; and B. Approving the removal of speed humps on 71st Avenue between West Jackson Street and Penton Street. 10. Taking the following action concerning a speed limit for 9 1/2 Mile Road: A. Adopting a Resolution establishing a speed limit of thirty-five (35) miles per hour on 9 1/2 Mile Road from Pine Forest Road (County Road 297) to Pensacola Boulevard (U.S. (US. Highway 29/State Road 95); and B. Authorizing the Chairman to sign the Resolution Taking the following action concerning the Fire Protection Improvements Project 2000 Community Development Block Grant (CDBG) Program: A. Approving the Agreement with the Escambia County Utilities Authority (ECUA), in the amount of $175,000, to commence on December 1, 2000, for a twelve-month period, providing for the completion of the Fire Protection Improvements Project 2000, including installation of fire hydrants and associated water main upgrades primarily within Census Tract 29, as financed with 2000 CDBG Fund Cost Center ; 11/16/ blb

14 B. Authorizing the Chairman to execute the Agreement and all related documents as required to implement the Project; and C. Authorizing the Office of the Clerk of the Circuit Court to record the Agreement in the Official Records of Escambia County Taking the following action regarding Escambia Consortium 2000 Annual Plan for Housing and Community Development by the U. S. Department of Housing and Urban Development (HUD), effective October 1, 2000: A. Acknowledging, for the official record, approval of the Escambia Consortium 2000 Annual Plan by HUD and accepting the award of 2000 Community Development Block Grant (CDBG), Fund 129, in the amount of $2,759,000; 2000 HOME Investment Partnerships Act (HOME) Fund 147, in the amount of $1,707,000; and 2000 Emergency Shelter Grant Program (ESG) Fund 110, in the amount of $98,000, for a total of $4,564,000; B. Ratifying the Chairman s execution of CDBG, HOME and ESG Grant Agreements, as required by HUD, and authorizing the Chairman to execute all grant related documents as required to receive and implement the 2000 CDBG, 2000 HOME and 2000 ESG Programs Authorizing the Chairman to sign a quitclaim deed, relative to James E. Campbell and others conveying to Escambia County by deed a five-acre parcel of real property, for use as a boat ramp, and an access road to the Century Boat Ramp (originally conveyed to the County in 1975 by the Campbell family, for continuous use and maintenance of the boat ramp or it would revert to the Campbell family, noting that a payment of $75,000 to the Town of Century was approved on February 17, 2000, and July 20, 2000, to fund the acquisition and development of the property). 3. Discussion Held Concerning Formation of a County Environmental Quality Division Acting Chairman Bass said the C/W recommended the Board approve Budget Amendment Number 17, in the amount of $282,754, and to allocate $200,000 in enhancement funds to the Neighborhood and Environmental Services Department (NESD), along with an additional $82,754 to be re-allocated to help fund a new Environmental Quality Division. Quality Division. 11/16/ blb

15 Mr. Russell H. Harris, representing the Building Industry Association of West Florida, (BIA), said he had been unable to attend the November 9th C/W CNV Meeting when this recommendation had been discussed, and he questioned the $282,754 budgeted for an Environmental Quality Division. Mr. Harris said it was his opinion that this would duplicate services of other County and State agencies. He said the backup material stated that the County needed this new Division because of new permitting processes for which NESD would be responsible; specifically, land disturbing permitting and the tree permitting process, and he commented briefly. Mr. Harris said the background literature also reflected involvement in DRC Committee (Development Review Committee) reviews, and he was unaware that NESD signed off on anything related to the DRC Committee. He said the BIA also questioned how State mandates currently being handled by the Engineering Department in reference to the NPDES (National Pollution Discharge Elimination System) program for stormwater would affect the BIA, and he would like to be able to discuss this with Mr. Keith Wilkins, Director, NESD, regarding what changes would be made, how it would affect the BIA, duplication of services, and other things, as well. Motion made by Commissioner Robertson that the Board approve keeping this item in Committee for thirty (30) days for further discussion and to allow the new Commissioners to have input. Motion seconded by Commissioner Whitehead, and carried unanimously, holding until the December 12th C/W Meeting, for a more in-depth discussion by the new Board, staff s recommendation that the Board approve Budget Amendment Number 17, in the amount of $282,754, to allocate $200,000 in enhancement funds to the Neighborhood and 11/16/ blb

16 Environmental Services Department (NESD), along with an additional $82,754 to be reallocated to help fund a new Environmental Quality Division. 6:04 P.M. PM. - COMMISSIONER WHITEHEAD LEFT THE MEETING TEMPORARILY. II.. COMMITTEE DISCUSSION 1. Appointment of a Nine-Member Citizens LDC Review Committee Motion made by Commissioner Junior, seconded by Commissioner Banjanin, and carried 4-0, with Commissioner Whitehead temporarily out of Board Chambers, approving a nine-member Citizens LDC (Land Development Code) Review Committee consisting of citizens with technical knowledge of the LDC based on prior experience or existing employment, abiding by the procedural rules adopted by the Committee on October 9, 2000; with meetings to be held monthly in the evening hours; with review to be limited to LDC changes that are not the sole subject of review by another committee; and with staff responsible for facilitating the meeting; noting that the following five (5) individuals have expressed interest in serving on the Committee in response to a solicitation letter dated September 28, 2000 (and noting that the C/W reviewed a three-page Memorandum, with nine pages of backup information, dated November 9, 2000, from Nancy Stuparich, Director, Growth Management Department, regarding the Citizens LDC Review Committee before forming its recommendation): A. Mike Hamlin, Northwest Florida Chapter President, Florida Engineering Society; B. Bennett Shuman, Northwest Florida Chapter President, American Institute of Architects; C. Tina Money, Ken Money Surveying; 11/16/ blb

17 D. Morris Clark, Baskerville-Donovan BaskervilIe-Donovan Engineering; and E. Pam Caddell, Gulf-Atlantic Constructors, Inc. 2. Approval for Growth Management to Create Conservation Districts in the LDC Motion made by Commissioner Banjanin, seconded by Commissioner Robertson, and carried 4-0, with Commissioner Whitehead temporarily out of Board Chambers, directing Growth Management staff to proceed with the creation of conservation districts in the Land Development Code (LDC), as outlined in an eight-page Memorandum and attachments provided by Nancy Stuparich, Director of Growth Management, in response to direction at the October 19, 2000, Regular Board Meeting which referred the request to C/W; and to also address the creation of an S district, as requested by Commissioner Banjanin, in addition to the S and S-1PK (Outdoor Recreational District) and SDD (Special Development District) Districts already included in the LDC; and with Mr. Monte E. Blews, General Manager, Santa Rosa Island Authority (SRIA), requesting during the November 9, 2000, C/W Meeting that the SRIA be involved in all discussions and actions relative to a conservation district on the 372 acres of County land located on the eastern end of Pensacola Beach, and included in all environmental issues involving Pensacola Beach; such as, stormwater, eco-tourism, parking, etc. 6:06 P.M. PM. - COMMISSIONER WHITEHEAD RETURNED TO THE MEETING. 3. Acceptance of Denise Daughtry s Work Regarding a County Film Commission and Discussion Held for Thirty Days Concerning a Film Commission/Film Commissioner Acting Chairman Bass said the C/W s CNV s recommendation was that the Board take the following action concerning a Film Commission for Escambia County: 11/16/ blb

18 A. Approve the establishment of a private, non-profit organization known as the Pensacola Film Commission, based on the recommendations of Ms. Denise Chenel Daughtry for a Board of Directors, Articles of Incorporation, and a specific, tentative budget; B. Execute post haste the proper bid package for a Request for Letters of Interest (RLI) for provision of services and the scope of work, as identified in the model for a non-profit organization, and with Ms. Daughtry to assist staff in writing the RLI, with a Film Commission or Film Commissioner to be in place as soon as possible, with funding of the budget to be as a non-profit organization on an annual basis, in a similar manner to other non-profit organizations supported by the Board; C. Affirm all previous actions and the acceptance of the work provided in the booklet compiled by Ms. Denise Chenel Daughtry entitled, "Pensacola Film Commission, Going Forward, the Final Report on the Film Commission Study" relative to Ms. Daughtry s work to date, which includes not only the need for a Film Commission, but also the creation of the foundation and design of and inclusion of work that implements the work of a Film Commission; and D. Direct staff to bring back at the November 16, 2000, Regular Board Meeting a recommendation of the amount of additional, minimal funds needed, for the next thirty to sixty days, to compensate Ms. Denise Daughtry for preparation, in conjunction with County staff, of the Scope of Work and documents related to creation of a not-for-profit Film Commission, using the "Mission Statement" provided under Task 2 of the "Pensacola Film Commission, Going Forward, the Final Report on the Film Commission Study" booklet. Acting Chairman Bass said Ms. Jean A. Kassab, Interim Assistant County Administrator, Administrative Services, had advised there would be no additional charges related to Item D. Commissioner Junior said he would offer a revised recommendation. He said instead of establishing a private, non-profit organization known as the Film Commission, he would rather the Board advertise for a Request for Letters of Interest (RLI) to hire a Film Commissioner as a contract position. Commissioner Junior said once a Film Commissioner was hired, the individuals who spoke at the November 9th C/W Meeting concerning this matter could become part of the hiring process for a Film Commissioner, 11/16/ blb

19 and the person selected to be the Film Commissioner could decide whether or not a need existed to create a private, non-profit organization, and he so moved. Motion seconded by Commissioner Banjanin, for discussion. ACTING CHAIRMAN BASS RELINQUISHED THE CHAIR TO COMMISSIONER JUNIOR. Substitute motion made by Commissioner Bass that the Board approve all four (4) items of the recommendation, which were discussed at length during the C/W Meeting, and also approve including Exhibit 1 under Item C, which was the certified copy from the Clerk of the Board s Office, signed by Ms. Doris Harris, identifying the expansion of Ms. Daughtry s responsibilities during the period of the contract to include acting as a film commission. Substitute motion seconded by Commissioner Whitehead, for discussion. Ms. Liz Watkins, Watkins Video Productions, said those in this community who were involved in the production/entertainment field were of the opinion that a contract film commissioner should make decisions regarding the formation of such an organization. She said she, along with Mike Larson, would like to be involved in writing the scope of work for the RLI, as well as assisting in the review of the applications for the position of film commissioner. She said any company or individual owning photographic equipment, performing advertising, video filming, etc., and working in the industry, should not be eligible to become the County s film commissioner, and it should be an individual person because of the conflict of interest if someone was actually performing this type of work in the community, and she commented briefly. Mr. Mike Larson, Vision Design, said he agreed with the suggestions offered by Ms. Watkins, and would also suggest someone with the appropriate experience be hired 11/16/ blb

20 as a film commissioner, as well as one who could make the right decision regarding the film commission, and he commented briefly. Mr. John Strickland, North Baylen Street, said his concerns had been addressed by Ms. Watkins and Mr. Larson; however, there was reference in the recommendation to a "not-for-profit" film commission. He said he understood it was to be a "non-profit" film commission, and there was a difference. Upon inquiry from Commissioner Robertson regarding the difference, Commissioner Whitehead said there was no difference. Commissioner Bass said he also did not know there was a difference. Mr. Strickland said "not-for-profit" was an entity that made a profit only to support its allotted budget, and a "non-profit" group made absolutely no money whatsoever. Commissioner Bass said he would amend his motion to substitute "non-profit" for "not-for-profit" in Item D, and he would also amend his substitution motion to include Ms. Watkins and Mr. Larson be part of the interview process for a film commissioner. Amended substitute motion seconded by Commissioner Whitehead. Commissioner Robertson said he would request the maker of both the main motion and the substitute motion consider that the matter be held in Committee for thirty (30) days to allow the new Commissioners to be a part of the decision. He said the recommendation was for a long-term commitment, and he commented briefly, stating he would vote against either motion if his recommendation was not included. Commissioner Robertson said such a department was well justified, and he commented briefly. VICE CHAIRMAN JUNIOR RELINQUISHED THE CHAIR TO COMMISSIONER BASS. 11/16/ blb

21 Upon inquiry from Commissioner Junior, Interim County Administrator Forrest said $50,000 had been spent, to date, on the project to decide whether or not the County should have a Film Commissioner. Commissioner Junior said the motion on the floor had an amendment for an additional scope of work within the $50,000, and he understood the Board resolved any expenses relative to the scope of work, and brief discussion followed. Commissioner Junior said he did not want to create a private, non-profit group to fulfill the need for a Film Commissioner. He said it was his opinion that $30,000 was sufficient for contracting with a Film Commissioner, and he commented briefly. Commissioner Junior said he would suggest all duties of a Film Commissioner be detailed in the annual contract. Commissioner Whitehead said he would argue for the substitute motion for some of the same reasons. He said a non-profit organization was a body through which grants and additional types of revenue streams could flow, of which the County would not be a part, and the non-profit organization was far superior to a contract with an individual. Commissioner Whitehead said a number of non-profit organizations in the community had been, but were no longer, supported by the Board of County Commissioners, and the creation of such an organization would give that organization the ability to eventually move out on its own. He said if the Board of County Commissioners established a non-profit organization, it could then appoint a board of directors comprised of professionals within the community who knew what would make the film commission a success; and further, this kind of board of directors served at no cost, would expand the expertise of the film commission, which could not be accomplished with a contract employee of the County. 11/16/ blb

22 Commissioner Whitehead said the non-profit organization made sense, and he commented concerning the number of examples in the community which have proven their success, and he commented briefly in support of a non-profit organization. Commissioner Junior said the resulting contract with a Film Commissioner would define the need to establish a non-profit group. He said he was not opposed to a non-profit organization; however, it was his understanding the County needed a Film Commissioner, and a private, non-profit organization would need start-up money, office space, etc., and therefore a Film Commissioner would be in a better position to direct the group in the right direction. Commissioner Junior said Ms. Daughtry s report suggested that a film commission be established, and he asked if the Commissioners would establish it prior to having a Film Commissioner. Commissioner Banjanin said the contract position was the better way to approach the concept because non-profit organizations tended to take on a life of their own and create an administrative structure that needed funding, which was a never-ending request for more money. He said this Board always had the ability to not renew the contract if the situation was not meeting Board satisfaction; whereas, a non-profit would be more complicated. Commissioner Banjanin said $30,000 per year was an insufficient salary for the position, and he commented briefly in support of Commissioner Junior s proposal. Commissioner Robertson said he had been in favor of exploring the possibility of a film commission; however, it seemed there was division among the people involved on this issue, and he was therefore convinced that the matter needed more discussion before a decision was made, and should be held for 30 days. 11/16/ blb

23 Upon inquiry from Commissioner Junior regarding what was meant by the industry being divided, Commissioner Robertson said Ms. Daughtry s perception was inconsistent with the comments from the individuals who had spoken both today and during the November 9th C/W Meeting. Commissioner Junior said Ms. Daughtry was the person who created the product which the industry would address, and he commented briefly. Ms. Watkins said the industry was not divided but was concerned that it had not been consulted nor actively brought into the Commissioners discussions. She said some of those in the industry saw a need to be involved because this matter would affect them. Commissioner Robertson said Ms. Daughtry had been paid by the County to assist in laying the groundwork and establishing criteria for a film commission; however, it was demonstrated during the November 9th C/W CNV Meeting that the industry was not supportive of the guidance the Board had received from Ms. Daughtry, and he commented briefly. Ms. Watkins said other members of the industry had not been asked to be involved in the process and had subsequently involved themselves, and she commented briefly. Commissioner Junior said, after comments, it was his opinion that a Film Commissioner position should be established, and then the County could decide the direction it wished to pursue. Ms. Watkins said hiring a contract Film Commissioner who would advise would be the best route for the County, and those in the industry did not have problem with that. Acting Chairman Bass said on November 9th the C/W listened to many speakers from the film industry and discussed the matter in depth and it appeared everyone was in concurrence to create a non-profit organization and hire someone, or a company, to serve 11/16/ blb

24 as the film commissioner, and discussion followed. He said he would agree to holding this decision for another 30 days; however, it seemed the Commissioners and those from the industry who spoke had concurred during the November 9th C/W discussion, and discussion followed. Commissioner Robertson said if the decision was for a non-profit organization, the board of citizens that would be appointed for that organization would offer their input regarding who would be hired as the Film Commissioner, and he commented briefly in support of holding the matter for 30 days, and brief discussion followed. Motion made by Commissioner Banjanin that the Board: (A) execute post haste the proper bid package for an RLI for the provision of services and the scope of work, with Ms. Daughtry, Ms. Watkins, and Mr. Larson to assist staff, with the matter to be in place as soon as possible; and (B) affirm all previous action and accept the work provided in the booklet compiled by Ms. Denise Chenel Daughtry entitled, "Pensacola Film Commission, Going Forward, Fon/vard, the Final Report on the Film Commission Study", the final report on the film commission study relative to Ms. Daughtry s work to this date. He said, in other words, make Item B of the C/W s CNV s recommendation Item A, and Item C would become Item B. He said he would propose developing the RLI and moving forward. ACTING CHAIRMAN BASS RELINQUISHED THE CHAIR TO COMMISSIONER JUNIOR. Commissioner Bass said he would withdraw his substitute motion and second Commissioner Banjanin s motion, if Commissioner Banjanin would include what the Board had done from the July 7th meeting. Commissioner Banjanin said he would withdraw his second to the original motion and make this motion the main motion. 11/16/ blb

25 Substitute motion made by Commissioner Whitehead that reflected Commissioner Robertson s intent of tabling the issue for 30 days. Substitute motion seconded by Commissioner Robertson. Acting Chairman Junior called for the question, and the substitute motion to hold for 30 days, to allow input from the incoming Commissioners concerning the establishment of a film commission failed 2-3, with Commissioner Banjanin, Commissioner Bass, and Commissioner Junior voting "no". Acting Chairman Junior called for the question on the main motion, which was Commissioner Banjanin s motion to move forward post haste with the bid package for the RLI and affirm all previous action, and the motion failed 2-3, with Commissioner Junior, Commissioner Robertson, and Commissioner Whitehead voting "no". ACTING CHAIRMAN JUNIOR RELINQUISHED THE CHAIR TO COMMISSIONER BASS. After brief discussion, motion made by Commissioner Junior, seconded by Commissioner Robertson, and carried unanimously, holding for thirty (30) days, to allow input from the incoming Board of County Commissioners, at the 9:00 a.m. am. December 12, 2000, C/W Meeting, the recommendation concerning a Film Commission/Film Commissioner for Escambia County, as follows: A. Approve the establishment of a private, non-profit organization known as the Pensacola Film Commission, based on the recommendations of Ms. Denise Chenel Daughtry for a Board of Directors, Articles of Incorporation, and a specific, tentative budget; and 11/16/ blb

26 B. Approve executing post haste the proper bid package for a Request for Letters of Interest (RLI) for provision of services and the scope of work, as identified in the model for a non-profit organization, and with Ms. Denise Daughtry, Ms. Liz Watkins, and Mr. Mike Larson to assist staff in writing the RLI, with a Film Commission or Film Commissioner to be in place as soon as possible, and with funding of the budget to be as a non-profit organization on an annual basis, in a similar manner to other non-profit organizations supported by the Board. ACTING CHAIRMAN BASS RELINQUISHED THE CHAIR TO COMMISSIONER JUNIOR. Motion made by Commissioner Bass that the Board approve Item C of the C/W s recommendation, and to provide for the record the action of July 7, 2000, from the Honorable Ernie Lee Magaha s office concerning certification of Exhibit 1. Motion seconded by Commissioner Whitehead, and brief discussion followed, after which the Board concurred to hold this action until later in the Meeting, when the Budget Office could provide the final amount paid to Ms. Daughtry. Ms. Watkins said a salary of $30,000 per year was not enough if the position of Film Commissioner was not a full-time employee and would have to provide his/her own health insurance and other benefits. VICE CHAIRMAN JUNIOR RELINQUISHED THE CHAIR TO COMMISSIONER BASS. Acting Chairman Bass said the vote on Item C would be held, and brief discussion followed. (Additional discussion held later in the Meeting; see Pages 28-29; additional action taken later in the Meeting; see Pages ) 6:42 P.M. PM. - COMMISSIONER ROBERTSON LEFT THE MEETING TEMPORARILY. 4. Authorization to Re-Landscape the Schoppmann Property on Chisholm Trail Motion made by Commissioner Junior, seconded by Commissioner Whitehead, and carried 4-0, with Commissioner Robertson temporarily out of Board Chambers, authorizing 11/16/ blb

27 payment, in the amount of $4,904.50, outlined in a landscaping proposal dated May 25, 2000, from James Martin Landscaping for restoration of Richard and Barbara Schoppmann s yard located at 1231 Chisholm Trail, and detailed in their letter dated October 27, 2000, addressed to Commissioner Junior regarding the Schoppmann s request for restoration of their yard due to damage caused by water runoff and washout from the Chisholm Road Drainage Project, with Interim County Administrator Forrest noting the necessary funding would come from the Project s budget. 5. Authorization to Correct Damage to Hendrickson Property on Hawkins Road Motion made by Commissioner Whitehead, seconded by Commissioner Junior, and carried 4-0, with Commissioner Robertson temporarily out of Board Chambers, authorizing payment, in the amount of $1,605, as outlined in a proposal dated April 25, 2000, from Soley & Jones Fence Co., Inc., to correct damage to a privacy fence as explained in a letter dated November 8, 2000, addressed to Commissioner Junior from John C. Hendrickson, 600 Hawkins Road, regarding the damage to his privacy fence caused by construction of a retention pond on Untreiner Avenue, noting that the necessary funding would come from the Untreiner Avenue Drainage Project budget. 6. Discussion Concerning Recovery from Frontier Insurance Company of Forfeited Bail Bond Judgments Acting Chairman Bass advised the Board that during the November 9th C/W Meeting, County Attorney Tucker advised the County Attorney s Office had received a check from the Frontier Insurance Company, in the amount of $233,000, which had been forwarded fonnarded to the Clerk s Office to be deposited in the Fine and Forfeiture Fund, noting that the payment was the result of Assistant County Attorney Margaret Stopp s efforts to 11/16/ blb