Chairman White called the Public Forum Work Session to order at 4:30 p.m.

Transcription

1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD JULY 19, 2007 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX 221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:30 p.m. 8:31 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 Ms. Lorraine Hudson, Accounting Supervisor, Clerk & Comptroller's Office 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 4:30 p.m. 1. FOR INFORMATION: The Board: A. Heard comments from Michael Lowery concerning funding for Escambia County Area Transit (ECAT) and the need for public transportation for the citizens of Escambia County; and B. Heard comments from Dawn Groters, ECAT, concerning the lay-off of ECAT employees. 2. FOR INFORMATION: The Board heard the request from Barbara Mayall that the Board support the efforts of the 100 Bus Coalition and consider petitioning Senator Bill Nelson and Senator Mel Martinez to sign the Senate Bill (for the passage of the Transit Systems Flexibility Act of 2007). 7/19/2007 Page 1 of 95 lfc

2 PUBLIC FORUM WORK SESSION Continued 3. FOR INFORMATION: The Board heard the request from Erick Alexander for the Board s assistance regarding a decision made by the Competency Board which suspended his permitting privileges and caused his State License to expire, regarding which Mr. Alexander provided documentation. 4. FOR INFORMATION: The Board heard comments from Scott Brehany concerning an increase in his property taxes last year. 5:27 P.M. PUBLIC FORUM ADJOURNED 5:40 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 5:40 p.m. 2. Invocation Chairman White advised that Commissioner Whitehead would deliver the Innovation (Reverend Matthews Payne, Jr., Mount Zion Baptist Church, has been asked to deliver the Invocation at the August 2, 2007, Regular Board Meeting). 3. Pledge of Allegiance to the Flag Chairman White advised that he would lead the Pledge of Allegiance to the Flag. 7/19/2007 Page 2 of 95 lfc

3 REGULAR BCC AGENDA Continued 4. Adoption of the Agenda Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, adopting the agenda as prepared and duly amended to include: A. Commissioner Valentino s two add-on items, one concerning utility easements for Lexington Terrace Park and Community Center and one concerning the Escambia County Sector Plan; B. Commissioner Whitehead s three add-on items, one concerning a Board of Adjustment Appointment, one concerning the surplus and sale of real property at Escambia County Equestrian Center, and one concerning Contract PD and PD ; C. Commissioner Young s add-on item concerning the Pensacola Bay Fishing Bridge replacement; and D. Commissioner White s three add-on items, one concerning the naming of the new Cantonment Post Office, one concerning the Interlocal Agreement for Election Services, and one concerning the termination of Federal and State Lobbyist Services. 5. Commissioners Forum: Verbal Recommendation Made During the Meeting Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, directing staff to prepare (and adopting) a Resolution for the Delegation, Speaker of the House, President of the Senate, and the Governor, requesting that Miami-Dade be incorporated under the same tax cuts that are required of the remaining Counties of the State. 7/19/2007 Page 3 of 95 lfc

4 REGULAR BCC AGENDA Continued 6. Proclamations/Special Recognition Motion made by Commissioner Robinson, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Proclamations/Special Recognition: A. Taking the following action concerning the adoption/ratification of the following four Proclamations: (1) Adopting the Proclamation commending and congratulating Kevin Mayes for achieving the rank of Eagle Scout; (2) Adopting the Proclamation recognizing and commending the Blue Angels for their dedication, leadership, and service to the community, the country, and the Armed Forces; (3) Ratifying the Proclamation welcoming the Imperial Potentate of the Shriners of North America, Dr. Bernard J. Lemieux and his Lady Helen, upon the occasion of their visit to Escambia County in celebration of the 40th birthday of the Hadji Temple of Pensacola; and (4) Ratifying the Proclamation proclaiming July 17, 2007, as Zelica Grotto Day in Escambia County; B. Accepting, for presentation, the Governor s Points of Light Award for Ms. Carissa Burkett in recognition of exemplary efforts that not only benefit her community, but also lend truth to the belief that all citizens of Florida can make a difference in the lives of those they serve; C. Recognizing, and presenting an Adopt A Spot sign to, the following for their efforts in making Escambia County a better place to live: Beta Omicron #594/Omega Psi Phi Fraternity, Inc. Linking Arms, Inc. South Gulf Manor Homeowner s Association (Continued on Page 5) 7/19/2007 Page 4 of 95 lfc

5 REGULAR BCC AGENDA Continued 6. Continued D. Approving the presentation of a Proclamation commending and congratulating Volunteer Fire Chief Randy Burleson on his retirement after 19 years of dedicated service. Speaker(s): Kevin Mayes Marion Williams Derek Whidden Carissa Burkett Kenny Dickerson 7. Employee of the Month Proclamations/Retirement Proclamations/Years of Service Motion made by Commissioner Robinson, seconded by Commissioner Whitehead, and carried unanimously, taking the following action concerning Employee of the Month Proclamations/Retirement Proclamations/Years of Service: A. Adopting the two Proclamations commending and congratulating the following employees for being selected as Employees of the Month for July 2007: (1) Ms. Elizabeth R. Bolles, Extension Agent II, Extension Services Department, Community Services and Public Safety Agency; and (2) Mr. Shannon D. Pugh, GIS Technician, Office of Geographic Information Systems, Public Works and Land Management Agency; B. Adopting the following three Proclamations: (1) The Proclamation commending and congratulating Robert P. Glasgow, Corrections Officer, Road Department/Road Prison Division, on his retirement after 11 years of dedicated service; (2) The Proclamation commending and congratulating Robert C. Martin, Corrections Officer, Road Department/Road Prison Division, on his retirement after 22 years of dedicated service; and (Continued on Page 6) 7/19/2007 Page 5 of 95 lfc

6 REGULAR BCC AGENDA Continued 7. Continued B. Continued (3) The Proclamation commending and congratulating Timothy W. Ownby, Corrections Corporal, Road Department/Road Prison Division, on his retirement after 25 years of dedicated service; and C. Recognizing, with pins and certificates, the below-named employees for their dedication and years of service to the County: (1) Allen D. Knutson, Road Prison Division, Road Department, 30 years; and (2) Thomas B. Long, Road Prison Division, Road Department, 30 years. 8. Written Communication: A. Request for Waiver of Court Costs The Board heard comments from Kim Phan Rice, relative to a communication, dated June 25, 2007, requesting that the Board consider waiving the court costs, in the amount of $1,143 each, for two Code Enforcement violations that were heard before Special Magistrate Messer, and the Board heard the request from Commissioner Whitehead that staff re-evaluate the circumstances of the Code Enforcement violation and bring forth a recommendation to the next Board Meeting (August 2, 2007). Speaker(s): Joseph Kevin Rice (Continued on Page 7) 7/19/2007 Page 6 of 95 lfc

7 REGULAR BCC AGENDA Continued 8. Continued B. Code Enforcement Lien Albert J. Williams, Jr. The Board heard comments Albert J. Williams, Jr., relative to a communication, dated June 20, 2007, requesting that the Board consider waiving a Code Enforcement lien, in the amount of $1,100, against property located at 721 North Wentworth Street, the Board heard the request from Commissioner Young that staff re-evaluate the circumstances of the Code Enforcement violation and bring forth a recommendation to the next Board Meeting (August 2, 2007). Speaker(s): Linda M. Wilson C. Request for Forgiveness of a Lien Motion made by Commissioner Valentino, seconded by Commissioner Robinson, and carried unanimously, denying the request, relative to communication, dated June 7, 2007, Lecial Gravitt and William P. Gravitt requesting that the Board consider forgiving a lien, in the amount of $21,000, against property located at 2203 West Mallory Street. 7/19/2007 Page 7 of 95 lfc

8 REGULAR BCC AGENDA Continued 9. Proofs of Publication Motion made by Commissioner Valentino, seconded by Commissioner Whitehead, 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 ten Public Hearings on the agenda: (1) The 5:31 p.m. Public Hearing, advertised in the Pensacola News Journal on June 30, 2007, for consideration of the Petition to Vacate an alleyway in Block 80 of Pinecrest Subdivision, as petitioned by AAA Thrifty Building Systems, Inc., and Virginia Van Meter; (2) The 5:32 p.m. Public Hearing, advertised in the Pensacola News Journal on July 1, 2007, for consideration of adopting an Ordinance relating to the Brownsville Redevelopment Trust Fund; (3) The 5:33 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of adopting an Ordinance creating the Airway Oaks Area Street Lighting MSBU; (4) The 5:34 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of adopting an Ordinance creating the Legacy Oaks Area Stormwater Retention Pond MSBU; (5) The 5:35 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of adopting the Granny Flats Ordinance; (6) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of adopting an Ordinance amending the Official Zoning Map; (7) The 5:46 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of adopting an Ordinance amending LDC Article 3, amending the definition of Campground ; (Continued on Page 9) 7/19/2007 Page 8 of 95 lfc

9 REGULAR BCC AGENDA Continued 9. Continued A. Continued (8) The 5:47 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of adopting an Ordinance amending LDC Article 2, Quasi-judicial rezonings ; (9) The 5:48 p.m. Public Hearing, advertised in the Pensacola News Journal on July 8, 2007, for consideration of adopting an Ordinance amending LDC Article 3, amending the definition of Hotels and motels ; and (10) The 5:49 p.m. Public Hearing, advertised in the Pensacola News Journal on July 6, 2007, for consideration of Rezoning Case Z ; and B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule July 16 July 20, 2007 Legal No , as published in the Pensacola News Journal on July 15, 2007, as follows: July 16 3:00 p.m. West Florida Regional Planning Council Executive Committee July 16 4:00 p.m. West Florida Regional Planning Council July 16 6:00 p.m. District 2 County Commission Show July 17 1:30 p.m. Environmental Enforcement Special Magistrate July 17 2:00 p.m. Local Mitigation Strategy Team July 17 3:00 p.m. Department Directors July 17 4:00 p.m. Health Facilities Authority July 18 8:00 a.m. Soil & Water Conservation Board July 18 8:30 a.m. Board of Adjustment July 18 9:00 a.m. Tourism Administration & Convention Committee July 18 1:00 p.m. Development Review Committee July 18 1:30 p.m. Northwest Florida Regional Transportation Planning Organization July 19 9:00 a.m. Agenda Work Session July 19 9:00 a.m. Board of Electrical Examiners July 19 1:30 p.m. Environmental Enforcement Special Magistrate July 19 4:20 p.m. Community Redevelopment Agency July 19 4:30 p.m. Board of County Commissioners Public Forum July 19 5:30 p.m. Board of County Commissioners Public Hearings & Reports NEXT WEEK S NOTE: July 23 8:30 a.m. Planning Board Workshop July 23 4:30 p.m. Rezoning Hearing Examiner 7/19/2007 Page 9 of 95 lfc

10 REGULAR BCC AGENDA Continued 10. 5:31 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, taking the following action regarding the Petition to Vacate an alleyway, measuring 20 feet by approximately 227 feet = 4,540 square feet, or 0.10 acre, in Block 80 of Pinecrest Subdivision, as petitioned by AAA Thrifty Building Systems, Inc., and Virginia Van Meter: 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) None :32 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, taking the following action concerning an Ordinance amending the Brownsville Redevelopment Trust Fund: A. Adopting an Ordinance (Number ) amending Chapter 46, Article VI, Section , of the Escambia County Code of Ordinances, relating to the Brownsville Redevelopment Trust Fund; providing for severability; providing for inclusion in the Code; and providing for an effective date; and B. Authorizing the Chairman to sign and execute the Ordinance. Speaker(s) None. 7/19/2007 Page 10 of 95 lfc

11 REGULAR BCC AGENDA Continued 12. 5:33 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the Airway Oaks 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 does 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. 7/19/2007 Page 11 of 95 lfc

12 REGULAR BCC AGENDA Continued 13. 5:34 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action regarding the Legacy Oaks Area Stormwater Retention Pond Municipal Services Benefit Unit (MSBU): A. Ratifying the scheduling of a Public Hearing for the establishment of a stormwater retention pond MSBU on July 19, 2007, at 5:34 p.m., to consider the adoption of an Ordinance creating the Legacy Oaks Area Stormwater Retention Pond MSBU; and B. Adopting, and authorizing the Chairman to sign, the Ordinance (Number ) creating the Legacy Oaks Area Stormwater Retention Pond MSBU, and all related documents, and making the following finding of fact: Lots in the District are specially benefited since stormwater retention ponds provide a specific benefit to the lots surrounding them by increasing the safety of the property, making the property more useful, and thus increasing the market value of the surrounding properties. Speaker(s) None :35 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting an Ordinance (Number ) amending Chapter 90 of the Escambia County Code of Ordinances, to provide for the reduction of assessed value for construction or reconstruction of homestead property by the lesser of either the increase assessed value resulting from the construction or reconstruction, or 20% of the total assessed value of the property as improved to house elderly parents or grandparents of owner or owner spouse; this Ordinance will also be known as the Granny Flats Ordinance. Speaker(s) None. 7/19/2007 Page 12 of 95 lfc

13 REGULAR BCC AGENDA Continued 15. Committee of the Whole Recommendation Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, approving (for consideration at the Public Hearing scheduled on July 19, 2007, at 5:48 p.m.) the Ordinance (amending the Escambia County Code of Ordinances, Article 3, Definitions, Section , Hotels and motels ), as presented by County Attorney Lander, as amended to include the verbiage: Due to the unique characteristics of Pensacola Beach, limit the absolute number of large rooms, defined as greater than 850 square feet, to 30% of the remaining hotel capacity, excluding projects currently under development (July 3, 2007, Committee of the Whole Item 3, discussion regarding Hotel/Motel/Condotel). Speaker(s): Dr. Thomas A. Campanella CLERK OF COURTS & COMPTROLLER S REPORT Honorable Ernie Lee Magaha, Clerk of the Circuit Court & Comptroller I. CONSENT AGENDA 1-5. Approval of Various Consent Agenda Items Motion made by Commissioner Valentino, seconded by Commissioner Robinson, and carried unanimously, approving Consent Agenda Items 1 through 5, as follows: 1. Accepting, for filing with the Board's Minutes, the following six Reports prepared by the Clerk & Comptroller's Finance Department: A. The following two Payroll Expenditures: (1) As of Payday June 29, 2007, in the amount of $2,095,296.00; and (2) As of Payday July 13, 2007, in the amount of $2,391,563.25; (Continued on Page 14) 7/19/2007 Page 13 of 95 lfc

14 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 1. Continued B. The following four Disbursement of Funds: (1) June 14, 2007, to June 20, 2007, in the amount of $4,690,379.94; (2) June 21, 2007, to June 27, 2007, in the amount of $2,791,522.89; (3) June 28, 2007, to July 4, 2007, in the amount of $10,417,750.65; and (4) July 5, 2007, to July 11, 2007, in the amount of $16,673, Accepting, for filing with the Board's Minutes, the Investment Report for the month ended June 30, 2007, as prepared by the Clerk & Comptroller s Finance Department. 3. Accepting, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for May 2007 returns received in the month of June 2007, as prepared by the Clerk & Comptroller s Finance Department; the total revenue received for the Fiscal Year represents 54% of the total revenue budgeted. 7/19/2007 Page 14 of 95 lfc

15 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 4. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk to the Board's Office: A. The Hurricane Housing Recovery Program (HHRP) Agreement for New Housing Development with each of the following three entities, based on the Board s action of December 8, 2005, approving to commit HHRP funds to finance performance-based incentives supporting the construction of new workforce homes and complementing second mortgage assistance at levels required to ensure that the homes are affordable to HHRP-eligible, low- and moderate-income homebuyers: (1) James F. Howard Construction, Inc. (to construct five single-family homes at 754 West Hatton Street, 755 West Hatton Street, 763 West Hatton Street, 766 West Hatton Street, and 782 West Hatton Street); (2) James F. Howard Construction, Inc. (to construct five single-family homes at 2544 South D Street, 2618 South D Street, 2648 South D Street, 2642 South D Street, and 786 West Hatton Street); and (3) Crawford-McBride Development, LLC (to construct five single-family homes at 136 Cecilia Lane, 142 Cecilia Lane, 143 Cecilia Lane, 148 Cecilia Lane, and 154 Cecilia Lane); B. The "Commitment Contract" for emergency purchases of goods and services for any existing quotations and agreements and any future additional quotations and agreements that may be required for the procurement of emergency goods and services during declarations of emergencies and the activation of the Emergency Operations Center, with each of the following entities, as authorized by Board action on September 7, 2006: (1) Blue Angel Ice Company, LLC (2) Florida Mold Consultants, LLC (Continued on Page 16) 7/19/2007 Page 15 of 95 lfc

16 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 4. Continued C. Closing documents relating to the surplus and sale of surplus property located on Richmond Street, as approved by the Board on September 21, 2006; D. The Training Center Agreement between the American Heart Association, Inc., and Escambia County Department of Public Safety, as approved by the Board on February 16, 2006, and executed by the Chairman on May 21, 2007; E. A copy of the recorded Interlocal Agreement among the Escambia County and Okaloosa Boards of County Commissioners and the Office of the First Judicial Circuit Trial Court Administrator, State Attorney and Public Defender Relating to the Consolidation of Technology Funds and Computer Personnel under one County Fiscal Agent, as approved by the Board on November 2, 2006, and recorded in the Official Records on July 5, 2007; F. The July 2, 2007, letters from Ericka L. Burnett, City Clerk, submitting certified copies of the following two Ordinances adopted by the City of Pensacola on June 28, 2007: (1) Ordinance No , incorporating a certain area (517 Selina Street and 518 East Royce Street) 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; and (2) Ordinance No , incorporating a certain area (6130 Walton Street) 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; (Continued on Page 17) 7/19/2007 Page 16 of 95 lfc

17 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 4. Continued G. Amendment No: 3, DEP Agreement No: H5ES1, Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 2004 Hurricane Recovery Plan, State of Florida, Amendment to Grant Agreement for Perdido Key Dune Restoration and Beach Restoration Feasibility Study, as executed by the Chairman on July 5, 2007, based on the Board's action of February 3, 2005; H. Continuation Certification No. LPM , For Miscellaneous Term Bonds, continuing for one year beginning July 1, 2007, and ending July 1, 2008, Bond No. LPM , in the penalty amount of $35,000, in favor of Department of Solid Waste Management of Escambia County, Florida, with Auto Shred Recycling, LLC, as Principal, and Fidelity and Deposit Company of Maryland, as Surety, as submitted by Denee M. Rudd, Accounting Technician, Solid Waste Management Department; and I. A copy of the Minutes of the Santa Rosa Island Authority Regular Board Meeting held April 11, Taking the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office: A. Approving the Minutes of the Attorney-Client Session held June 21, 2007; B. Approving the Minutes of the Public Forum Work Session and Regular Board Meeting held June 21, 2007; C. Approving the Minutes of the Special Board Meeting held July 5, 2007; D. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work Session held June 21, 2007; and (Continued on Page 18) 7/19/2007 Page 17 of 95 lfc

18 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Accepting, for filing with the Board's Minutes, the Reports of the Committee of the Whole Workshops held June 18, 2007, June 28, 2007, July 3, 2007, and July 5, 2007, as follows: Report of the June 18, 2007, C/W Workshop AGENDA NUMBER 1. Call To Order Chairman White called the Committee of the Whole (C/W) to order at 9:04 a.m. 2. Was the Meeting Properly Advertised? The C/W was advised by Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services, that the Meeting was advertised in the Pensacola News Journal on June 10, 2007, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule June 11 June 15, 2007, Legal No (Continued on Page 19) 7/19/2007 Page 18 of 95 lfc

19 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Downtown Technology Center Pensacola Area Chamber of Commerce A. Discussion The C/W viewed a PowerPoint Presentation, which was also provided in hard copy, entitled, Technology Campus Project, presented by Charles Wood, Pensacola Bay Area Chamber of Commerce (Chamber), and the C/W: (Continued on Page 20) (1) Heard the request from Mr. Wood that the Board consider taking the following action concerning the Project: (a) Authorize the utilization of County-owned property located in downtown Pensacola for a technology-oriented business park; (b) Authorize the Chamber to begin discussion regarding the ownership of the Project through PEDC (Pensacola-Escambia Development Commission); (c) Establish guidelines for the Project, to include: 1) Qualifications for economic development projects, such as the number of employees and capital investment; 2) Uses; and 3) Property value; and 7/19/2007 Page 19 of 95 lfc

20 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Continued A. Continued (1) Continued (d) Authorize the Chamber to begin development of a master plan in concert with the City of Pensacola; and (2) Was advised by County Administrator Touart that it is the consensus of the Board to move forward with the Project; and B. Board Direction None. 4. Cable Franchising State Law A. Discussion The C/W heard an explanation, via teleconference, of the Consumer Choice Act of 2007, which relates to cable franchising, from Ila L. Feld, Esquire, Leibowitz & Associates, P.A.; and B. Board Direction None. (Continued on Page 21) 7/19/2007 Page 20 of 95 lfc

21 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 5. Legislative Changes Impacting the 2008 Election Cycle A. Discussion The C/W discussed Legislative Changes Impacting the 2008 Election Cycle, and the C/W: (1) Was advised by the Honorable David H. Stafford, Supervisor of Elections, that, with regard to early voting, by July 2008, in addition to using touch-screen ballots, Escambia County will be required to use paper ballots; and (2) Heard the request from Mr. Stafford that the Board consider accepting $103, from the Department of State to purchase additional optical scan tabulation equipment, as well as ballot-on-demand equipment; and B. Board Direction The C/W recommends that the Board approve, and authorize the Chairman to sign, the Certification (opting to accept $103, from the Department of State to purchase additional voting equipment). Recommended 5-0 (Continued on Page 22) 7/19/2007 Page 21 of 95 lfc

22 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 6. Current and Future Recycling Services in Escambia County A. Discussion The C/W viewed a PowerPoint Presentation, which was also provided in hard copy, entitled, Current and Future Recycling Services for Escambia County, Florida, presented by Sandra Jennings, Director, and Jim Howes, Chief, Recycling Operations, Department of Solid Waste Management (DSWM), and the C/W: (Continued on Page 23) (1) Was advised by Mrs. Jennings that the DSWM is prepared to proceed with a Flow Control Ordinance, which will provide that all of the flow generated in the County is sent to the County-owned landfill, which will, in turn, increase the County s revenues by 20%; (2) Was advised by Mr. Howes that DSWM s current integrated Solid Waste Management meets the guidelines of the Florida Statutes and Florida Department of Environmental Protection operating permit requirements (the Drop-Off Recycling Program); however, stakeholders, citizens, and a variety of organizations are continuously requesting curbside recycling services; 7/19/2007 Page 22 of 95 lfc

23 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 6. Continued A. Continued (3) Was further advised by Mr. Howes that staff is requesting that the Board consider hiring a Consulting Service to assist the DSWM with the following issues: (a) Conduct a citizen survey date collection; (b) Conduct a review of curbside service fees (not General Fundbased); (c) Address hauling issues and franchises; (d) Plan recovered materials processing facility needs; and (e) List a variety of options for types of collection, hauling, processing, and service fees; and (4) Heard the request from Commissioner Robinson that staff proceed with a Flow Control Ordinance; and B. Board Direction None. (Continued on Page 24) 7/19/2007 Page 23 of 95 lfc

24 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 7. Rural Work Program Liaison Florida Department of Transportation Fiscal Year Five Year Work Program A. Discussion The C/W discussed Rural Work Program Liaison Florida Department of Transportation (FDOT) Fiscal Year Five Year Work Program; and heard the request from Sharon Burnett, Regional Transportation Planner, West Florida Regional Planning Council, that the Board provide written comments regarding priorities or any other transportation concerns that should be reported to FDOT staff; and B. Board Direction None. 8. Evaluation and Appraisal Report A. Discussion The C/W discussed the Evaluation and Appraisal Report (EAR), and the C/W: (Continued on Page 25) (1) Was advised by Charity Jones, Urban Planner II, Planning and Zoning, that: (a) At the April Planning Board Meeting, the Planning Board approved a 90% draft of the EAR, which was then sent to the Department of Community Affairs (DCA) for a courtesy review, prior to formal adoption; 7/19/2007 Page 24 of 95 lfc

25 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 8. Continued A. Continued (1) Continued (b) Staff will be making revisions to the EAR based on the comments/suggestions received from DCA; and (c) A Public Hearing to adopt the EAR is scheduled for August 2, 2007; and (2) Heard the request from Commissioner Young that Planning and Zoning staff schedule a conference to review the EAR with each Commissioner, and place this item on the July C/W Workshop Agenda; and B. Board Direction None. (Continued on Page 26) 7/19/2007 Page 25 of 95 lfc

26 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 9. Vision Statement/Map A. Discussion The C/W viewed a PowerPoint Presentation entitled, Vision Statement and Map Selection, presented by Charity Jones, Urban Planner II, Planning and Zoning, and heard the request from Commissioner Valentino that Planning and Zoning staff visit each Commissioner to discuss the Vision Statement and Maps; and B. Board Direction None. 10. Bond/Disclosure Counsel Services A. Discussion The C/W was advised by Chairman White that, at the request of County Attorney Lander, this Item has been dropped; and B. Board Direction None. (Continued on Page 27) 7/19/2007 Page 26 of 95 lfc

27 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Fire Services Update A. Discussion The C/W discussed Fire Services Update, and the C/W: (Continued on Page 28) (1) Was advised by Steven L. Barry, Chairman, Fire Services Citizens Advisory Committee (FSCAC), that the FSCAC has developed recommendations, for the Board to consider, concerning funding, an organizational chain of command, fleet maintenance, a centralized warehouse/inventory control operation, Volunteer Firefighter Contracts, the Stipend Program, a Volunteer Coordinator, the FSCAC, and administrative vehicles assigned to Volunteer Fire Chiefs/Deputy Chiefs; (2) With regard to funding, was advised by Commissioner White that he does not support reallocating Local Option Sales Tax III revenue to support all Fire Services Capital Improvements purchases because of the current Budget situation, and because the Volunteer Fire Fighters are concerned about Capital Improvement funding being used to hire new firefighters; 7/19/2007 Page 27 of 95 lfc

28 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Continued A. Continued (Continued on Page 29) (3) Heard comments from all five Commissioners expressing gratitude to, and commending, the members of the FSCAC for all of the effort that went into developing the recommendations that were presented; (4) Was advised by County Attorney Lander that, in order to implement the recommendations presented, the Board must proceed, as soon as possible, with Phase II of the negotiations of certain aspects of the Agreement between the Volunteer Fire Fighters Association and the County; (5) Heard the request from Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services, that the Board review the draft audit of the fire stipends before the Board makes a decision on the recommendations regarding the Stipend Program; and (6) Received a letter of no confidence and a response to the recommendations presented by the FSCAC from the Escambia County Volunteer Fire Fighters Association; and 7/19/2007 Page 28 of 95 lfc

29 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 11. Continued B. Board Direction The C/W recommends that the Board accept, for filing with the Board s Minutes, the Report (final recommendations of the FSCAC, as outlined in the Minutes of the FSCAC Meeting held May 30, 2007). Recommended 5-0 Speaker(s): Chief Robbie Whitfield 12. Fire Services Jerry s Cajun Restaurant Fire A. Discussion The C/W discussed Fire Services Jerry s Cajun Restaurant Fire, and was advised by Commissioner Robinson that the owner of Jerry s Cajun Café & Market, Inc., Jerry Mistretta, has a complaint regarding the response time and conduct of the Fire Department on the day of the fire; and (Continued on Page 30) 7/19/2007 Page 29 of 95 lfc

30 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 12. Continued B. Board Direction None. Speaker(s): Chief Robbie Whitfield 13. Fee Increases Various County Departments A. Discussion The C/W discussed Fee Increases Various County Departments and was advised by County Administrator Touart that staff has provided, for review by the Board, several suggested fee increases for the Parks and Recreation Department, the Office of Environmental Enforcement, the Planning and Zoning Department, and the Department of Public Safety, regarding which staff will visit each Commissioner for comments/suggestions; and B. Board Direction None. (Continued on Page 31) 7/19/2007 Page 30 of 95 lfc

31 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 14. Budget Update A. Discussion The C/W discussed a Budget update, and the C/W: (1) Was advised by County Administrator Touart that he will be meeting with each Commissioner to provide an update of, and receive comments on, the Budget; (2) Was advised by Commissioner Whitehead that, because of time constraints regarding the Budget, the formation of a Finance Committee would be an appropriate way to assist staff with developing a Budget; (3) Was advised by County Administrator Touart that it is likely that the largest Budget cuts will be to Outside Agencies; and (4) Heard the request from Commissioner Robinson that staff schedule and advertise meetings, for all Commissioners to attend, to address Budget issues; and B. Board Direction None. (Continued on Page 32) 7/19/2007 Page 31 of 95 lfc

32 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 15. Conduct of Citizens During Board Meetings A. Discussion The C/W discussed the conduct of citizens during Board Meetings and was advised by County Attorney Lander that the Chairman may have a citizen removed from Board Chambers if he/she becomes disruptive to the Meeting; however, the Chairman may not deny a citizen the right to speak because the Chairman, or any other member of the Board, dislikes the content of a citizen s statement; and B. Board Direction None. 16. Granny Flats Ordinance A. Discussion The C/W discussed a Granny Flats Ordinance, and the C/W was advised by County Attorney Lander that, in the Year 2002, the voters of the State of Florida approved a Constitutional Amendment that allows a county to provide a tax exemption for residences to be constructed, or improved, for the purpose of providing living space for the grandparents, or parents, of the owner of the property; and (Continued on Page 33) 7/19/2007 Page 32 of 95 lfc

33 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 16. Continued B. Board Direction The C/W recommends that the Board direct Legal staff to prepare the appropriate Ordinance (to provide for property tax reduction for construction or reconstruction of homestead property to house elderly parents or grandparents). Recommended 4-1, with Commissioner Robinson voting no Speaker(s): Roseanne McKenzie 17. Panhandling Ordinance / Iris Roberts Act A. Discussion The C/W discussed the Panhandling Ordinance / Iris Roberts Act, and the C/W: (Continued on Page 34) (1) Was advised by Alison Perdue Rogers, Deputy County Attorney, that the Iris Roberts Act goes into effect on July 1, 2007, and heard her request that the Board direct staff as to whether or not the Board wishes to amend the County s Panhandling Ordinance to include the Act, repeal the existing Panhandling Ordinance, or take no action; and 7/19/2007 Page 33 of 95 lfc

34 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 17. Continued A. Continued (2) Was advised by County Attorney Lander that if the County takes any action to implement the Iris Roberts Act, the County can expose itself to a federal lawsuit because the Act, essentially, is unconstitutional; and B. Board Direction None. 18. Perdido Key Easements A. Discussion The C/W viewed a PowerPoint Presentation, which was also provided in hard copy, entitled, Perdido Key, FL, Beach Restoration Project, Update: Project Scope, Timeline, & Funding Options, presented by Keith Wilkins, Director, and Timothy Day, Environmental Analyst, Neighborhood and Environmental Services Department (NESD), and the C/W: (Continued on Page 35) (1) Heard the request from Mr. Wilkins that the Board provide staff with direction as to which Beach Renourishment Project the Board would like to proceed with; 7/19/2007 Page 34 of 95 lfc

35 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 18. Continued A. Continued (2) Was advised by County Administrator Touart that staff is searching for funding sources for the Projects; (3) Heard the suggestion from Commissioner Whitehead that a Municipal Services Benefit Unit be considered as a potential funding mechanism; and (4) Received documentation from Beth Barrios concerning the request from NESD concerning the renourishment of Perdido Key Easements; and B. Board Direction None. Speaker(s): Beth Barrios (Commissioner Young was absent during discussion of this Item) (Continued on Page 36) 7/19/2007 Page 35 of 95 lfc

36 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued AGENDA NUMBER Continued 19. Parking Garage on Intendencia Street A. Discussion The C/W discussed the parking garage on Intendencia Street and was advised by County Administrator Touart that an Agreement has been drafted between the County and the City of Pensacola Community Redevelopment Agency (CRA), which provides for the transfer of the City s interest in the parking garage and the conveyance of two parcels of County-owned property to the City of Pensacola CRA, plus payment of approximately $1.4 million upon the receipt of anticipated surplus of Cox Communication Tax proceeds (erroneously allocated to, and to be refunded by, the City of Pensacola), with the balance of approximately $600,000 to be paid over the next few Fiscal Years; and B. Board Direction None. (Commissioner Whitehead and Commissioner Young were absent during discussion of this Item) 20. Pensacola Sports Association / Derrick Brooks Charities Sponsorship Derrick Brooks Wall of Fame Induction Banquet A. Discussion The C/W was advised by County Administrator Touart that this item was dropped; and B. Board Direction None. (Continued on Page 37) 7/19/2007 Page 36 of 95 lfc

37 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 18, 2007, C/W Workshop Continued ANNOUNCEMENTS 1. FOR INFORMATION: The Board, upon inquiry from Commissioner Whitehead, was advised by County Attorney Lander the Public Hearing to consider amending the Hotel/Motel Ordinance is scheduled for June 21, FOR INFORMATION: The Board: A. Was advised by County Administrator Touart that the State has allocated $8.1 million for the clean-up of Escambia County water bodies; and B. Was advised by Keith Wilkins, Director, Neighborhood and Environmental Services, Department, that the Department of Environmental Protection has agreed to assist the County by assigning a monitor to assist with identifying debris that is ineligible for reimbursement. AGENDA NUMBER Continued 21. Adjourn Chairman White declared the C/W Meeting adjourned at 1:50 p.m. (Continued on Page 38) 7/19/2007 Page 37 of 95 lfc

38 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 28, 2007, C/W Workshop AGENDA NUMBER 1. Call To Order Chairman White called the Committee of the Whole (C/W) to order at 9:03 a.m. 2. Was the Meeting Properly Advertised? The C/W was advised by Patricia L. Sheldon, Clerk & Comptroller's Administrator of Financial Services, that the Meeting was advertised in the Pensacola News Journal on June 10, 2007, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule June 25 June 29, 2007, Legal No Budget Discussions 2007/2008 Fiscal Year A. Discussion The C/W discussed the Fiscal Year Budget, and the C/W: (Continued on Page 39) (1) Heard an overview from County Administrator Touart of proposed Budget cuts for various County Departments and Outside Agencies, which represents a 7% decrease in the County s Budget, Department fee increases, and Budget Requests from the Constitutional Officers; 7/19/2007 Page 38 of 95 lfc

39 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 28, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Continued A. Continued (Continued on Page 40) (2) Was advised by Amy Lovoy, Budget Manager, that the Legislative property tax reform was passed in the following two phases: (a) Phase I The County will be required to return to its rollback millage rate and reduce the County s Budget by 7%; however, if the Board chooses to override this requirement, the Board may negate the 7% rollback, which will require a super-majority vote of the Board; return to its millage rate of 8.756, which will require a unanimous vote of the Board; or raise the millage rate above 8.756, which will require a referendum; and (b) Phase II A referendum for a Constitutional Amendment for the State of Florida regarding a super exemption on homesteaded property will be voted on in January 2008; (3) Upon inquiry from Commissioner White, was advised by County Administrator Touart that, if the super exemption passes, the impact to the Fiscal Year General Fund will be approximately $19.5 million to $20 million; 7/19/2007 Page 39 of 95 lfc

40 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 28, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Continued A. Continued (Continued on Page 41) (4) Discussed Fiscal Year Proposed Reductions, and: (a) Was advised by Ms. Lovoy that the proposed reductions to the County s Budget total approximately $8 million; however, the Budget Requests submitted by the Constitutional Officers reflects an increase of approximately $11 million; (b) Was advised by Commissioner Whitehead that he does not support eliminating the position of Grants Coordinator and shifting the incumbent who fills that position to a vacancy in the Public Information Office, because the amount of grant funds that have been awarded to the County far exceeds the amount of the salary for that position; (c) Was advised by Ms. Lovoy that the Medical Examiner is not in agreement with the proposal to return to Fiscal Year funding level; 7/19/2007 Page 40 of 95 lfc

41 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued E. Continued Report of the June 28, 2007, C/W Workshop Continued AGENDA NUMBER Continued 3. Continued A. Continued (4) Continued (Continued on Page 42) (d) Heard the request from Commissioner Robinson to remove the 50% reduction from Escambia Community Clinics and eliminate 100% of funding for the following Agencies, in order to make funding available for Escambia Community Clinics: 1) Human Relations Commission 2) Sertoma/4th of July 3) Disabled American Veterans 4) Clean and Green 5) St. Michael s Cemetery 6) City/County United Way (e) Regarding the Public Information Office, heard the request from Commissioner Whitehead that funding for BLAB be eliminated; (5) Was advised by Commissioner White that it is the consensus of the Board that staff move forward with Commissioner Robinson s request concerning the proposed reductions for Outside Agencies; 7/19/2007 Page 41 of 95 lfc