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

Transcription

1 MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD JANUARY 4, 2007 BOARD CHAMBERS, FIRST FLOOR, ESCAMBIA COUNTY GOVERNMENTAL COMPLEX 221 PALAFOX PLACE, PENSACOLA, FLORIDA (4:32 p.m. 8:08 p.m.) Present: Commissioner Kevin W. White, Chairman, District 5 Commissioner Marie K. Young, Vice Chairman, District 3 Commissioner Grover C. Robinson, IV, District 4 Commissioner Gene M. Valentino, District 2 Commissioner D. M. Mike Whitehead, District 1 Mr. George Touart, County Administrator Mrs. Janet Lander, County Attorney Mrs. Patricia L. Sheldon, Clerk's Administrator of Financial Services Mrs. Shirley L. Gafford, Executive Assistant, County Administrator s Office Mrs. Doris Harris, Deputy Clerk to the Board PUBLIC FORUM WORK SESSION Chairman White called the Public Forum Work Session to order at 4:32 p.m. 1. FOR INFORMATION: The Board heard a request from Marianne Crowdis that the Board consider rescinding a Code Enforcement action concerning a retaining wall built on County property, and removed prior to the assessment of fees, regarding which Ms. Crowdis provided pictures. 2. FOR INFORMATION: The Board heard comments from Bryon Keesler regarding County funding to assist the Emerald Coast Utilities Authority s effort to relocate the Main Street Waste Water Treatment Plant. 3. FOR INFORMATION: The Board heard the request from Andrew Blewer that the County use more stringent criteria for retention ponds. 4. FOR INFORMATION: The Board heard comments from Barbara Bourgeois Mayall concerning a Public Hearing held by the Florida Department of Transportation regarding the Michigan Avenue Road project, and heard her request that a pedestrian island/crosswalk be incorporated into the project. 5. FOR INFORMATION: The Board heard comments from L. Gary Sansing regarding topics discussed during Public Forum and various County issues. 5:03 P.M. PUBLIC FORUM ADJOURNED 5:32 P.M. REGULAR BOARD MEETING CONVENED 1/4/2007 Page 1 of 58 klc

2 REGULAR BCC AGENDA 1. Call to Order Chairman White called the Regular Meeting of the Board of County Commissioners to order at 5:32 p.m. 2. Invocation Chairman White advised that Reverend Greg Lancaster, Greg Lancaster Ministries, would deliver the Invocation. 3. Pledge of Allegiance to the Flag Chairman White advised that Commissioner Valentino would lead the Pledge of Allegiance to the Flag. 4. Adoption of the Agenda Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, adopting of the Agenda as prepared and duly amended to include Commissioner White s add-on item concerning the Circuit Court Order Denying State's Motion for Restitution regarding State of Florida v. Wyon Dale Childers. 5. Commissioners Forum None. 6. Proclamations Motion made by Commissioner Young, seconded by Commissioner Valentino, and carried unanimously, adopting the Proclamation encouraging all citizens to reflect on the great sacrifices and accomplishments of Dr. Martin Luther King, Jr. 7. Presentation of an Award The Board witnessed Chairman White s Presentation of the Governor s Points of Light Award to Greg Lancaster, Founder of Next Step Outback, and heard brief comments from Mr. Lancaster. 1/4/2007 Page 2 of 58 klc

3 REGULAR BCC AGENDA Continued 8. Employee of the Year Proclamations/Years of Service/Special Recognition Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, approving Item A, as follows: A. Adopting the three Proclamations recognizing and congratulating the following employees as Employees of the Year for 2006: (1) Mr. Christopher L. Wynn, Network Coordinator, Public Safety Department, as the Board of County Commissioners 2006 Employee of the Year; (2) Ms. Libbie Johnson, Extension Agent I-Agriculture/Aquaculture, Extension Services Department, as the Community Services and Public Safety Agency s 2006 Employee of the Year; and (3) Ms. Sandra F. Slay, Neighborhood Services Specialist, Neighborhood and Environmental Services Department, as the Public Works and Land Management Agency s 2006 Employee of the Year. Motion made by Commissioner Robinson, seconded by Commissioner Valentino, and carried unanimously, approving Item B, as follows: B. Recognizing, with pins and certificates, the below-named employees for their dedication and years of service to the County: (1) Patricia I. Rudd, Engineering Department, 35 years; and (2) Mary E. Hines, Public Safety Department, 25 years. (Continued on Page 4) 1/4/2007 Page 3 of 58 klc

4 REGULAR BCC AGENDA Continued 8. Continued Motion made by Commissioner Valentino, seconded by Commissioner Whitehead, and carried unanimously, approving Item C, as follows: C. Taking the following action concerning the United Way Campaign for Fiscal Year for the Escambia County Board of County Commissioners: (1) Commending and congratulating the following sixteen Honor Roll departments and offices for participation of 70% or more of their employees: (a) Board of County Commissioners and County Administration (b) County Attorney s Office (c) Administrative Services (d) Animal Regulation and Control (e) Community Corrections ( f) Community Services (g) Environmental Code Enforcement (h) Extension Services ( i) Facilities Management ( j) Fire-Rescue (k) Geographic Information Systems ( l) Human Resources (m) Information Resources ( n) Planning and Zoning ( o) Public Information and Communications ( p) Purchasing (Continued on Page 5) 1/4/2007 Page 4 of 58 klc

5 REGULAR BCC AGENDA Continued 8. Continued C. Continued (2) Commending and congratulating the following fifteen departments and offices for Exemplary Support to the Community for participation of 90% or more of their employees: Speaker(s): Jean Norman Marina Paul (a) Board of County Commissioners and County Administration (b) County Attorney s Office (c) Administrative Services (d) Community Corrections (e) Community Services ( f) Environmental Code Enforcement (g) Extension Services (h) Facilities Management ( i) Fire-Rescue ( j) Geographic Information Systems (k) Human Resources ( l) Information Resources (m) Planning and Zoning ( n) Public Information and Communications ( o) Purchasing 9. Written Communication None. 1/4/2007 Page 5 of 58 klc

6 REGULAR BCC AGENDA Continued 10. Proofs of Publication Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, waiving the reading of the legal advertisement(s) and accepting, for filing with the Board s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners Escambia County, Florida, Meeting Schedule, as follows (the 5:37 p.m. Public Hearing for consideration of adopting an Emergency Ordinance was not advertised, pursuant to Section 1 of the proposed Emergency Ordinance, Waiver of Notice and Emergency Enactment, and the 5:33 p.m. and 5:34 p.m. Public Hearings were not advertised because scheduling of the Public Hearings is to be rescinded): A. The following eight Public Hearings on the agenda: (1) The 5:31 p.m. Public Hearing, advertised in The Escambia Sun-Press, LLC, on November 30, 2006, for consideration of the Petition to Vacate an alleyway in Block 69, Pinecrest Subdivision, as petitioned by Don Williams; (2) The 5:35 p.m. Public Hearing, advertised in the Pensacola News Journal on December , for consideration of adopting an Ordinance amending the Escambia County Code of Ordinances, relating to nuisance conditions; (3) The 5:36 p.m. Public Hearing, advertised in the Pensacola News Journal on December 24, 2006, for consideration of adopting an Ordinance establishing the Escambia Community Development Entity; (4) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on December 22, 2006, for consideration of adopting an Ordinance amending the Official Zoning Map; (5) The 5:46 p.m. Public Hearing, advertised in the Pensacola News Journal on December 22, 2006, for consideration of Small Scale Amendment ; (6) The 5:47 p.m. Public Hearing, advertised in the Pensacola News Journal on December 22, 2006, for consideration of adopting an Ordinance amending the LDC to add Artificial Lakes and Ponds; (Continued on Page 7) 1/4/2007 Page 6 of 58 klc

7 REGULAR BCC AGENDA Continued 10. Continued A. Continued (7) The 5:48 p.m. second Public Hearing, advertised in the Pensacola News Journal on December 22, 2006, for consideration of adopting an Ordinance amending the LDC relating to Family Conveyance definition and regulation; and (8) The 5:49 p.m. first Public Hearing, advertised in the Pensacola News Journal on December 22, 2006, for consideration of adopting an Ordinance amending the LDC relating to Construction and Demolition Debris Facilities; and B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule January 1 January 5, 2007 Legal No , as published in the Pensacola News Journal on December 31, 2006, as follows: January 1 Holiday/New Years Day January 2 Holiday/New Years (Clerk's Office Open) January 3 9:00 a.m. Construction Industry Competency Board January 3 1:00 p.m. Development Review Committee January 3 6:00 p.m. Star Lake Enhanced Neighborhood Protection Zone January 4 9:00 a.m. Agenda Work Session January 4 1:00 p.m. Pensacola Escambia Development Commission January 4 1:30 p.m. Citizens Environmental Committee January 4 4:20 pm. Community Redevelopment Agency January 4 4:30 p.m. Board of County Commissioners Public Forum January 4 5:30 p.m. Board of County Commissioners Public Hearings & Reports NEXT WEEK'S NOTE: January 8 8:30 a.m. Planning Board January 8 5:30 p.m. Marine Advisory Committee 1/4/2007 Page 7 of 58 klc

8 REGULAR BCC AGENDA Continued 11. 5:31 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning the Petition to Vacate an alleyway measuring 300 feet by 20 feet = 6,000 square feet, or approximately 0.14 acre, in Block 69, Pinecrest Subdivision, as petitioned by Don Williams, as verbally amended during the Public Hearing by Stephen Guttmann, on behalf of the Petitioner, to vacate only the east 110 feet of the alleyway: A. Approving the Petition to Vacate; B. Accepting the Hold/Harmless Agreement; C. Adopting the Resolution (R2007-7) 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 authorize the Chairman or Vice Chairman to execute them at that time. Speaker(s): Yvonne Rankins 12. 5:33 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, rescinding the Board s action of December 7, 2006, scheduling a Public Hearing for 5:33 p.m., January 4, 2007, to consider adopting a Safe Neighborhood District Ordinance ; due to the legal ramifications and statutory complexity of administering this program, a new solution must be established. Speaker(s) None. 1/4/2007 Page 8 of 58 klc

9 REGULAR BCC AGENDA Continued 13. 5:34 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, rescinding the Board s action of December 7, 2006, scheduling a Public Hearing for 5:34 p.m., January 4, 2007, to consider adopting the Mayfair/Oakcrest Safe Neighborhood District Ordinance ; due to the legal ramifications and statutory complexity of administering this program, a new solution must be established. Speaker(s) None :35 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action: A. Ratifying the scheduling of a Public Hearing for Thursday, January 4, 2007, at 5:35 p.m., to consider adopting an Ordinance amending Chapter 42, Environment, of the Escambia County Code of Ordinances, relating to nuisance conditions; B. Ratifying the Public Notice that was advertised in the Pensacola News Journal on Friday, December 22, 2006; and C. Adopting an Ordinance (Number ) amending Chapter 42, Environment, of the Escambia County Code of Ordinances, relating to nuisance conditions. Speaker(s) None :36 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Young, and carried unanimously, adopting the Resolution (R2007-1) that would provide for funding of up to $40,000 to the entity or entities deemed by the County to be most likely to obtain the highest scores on the Application for New Market Credit Allocation Award. Speaker(s) None. 1/4/2007 Page 9 of 58 klc

10 REGULAR BCC AGENDA Continued 16. 5:37 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Robinson, and carried unanimously, dropping the recommendation that the Board adopt an Emergency Ordinance relating to Application for New Market Tax Credits, providing for Community Enterprise Investments, Inc., to be the sole member of the Escambia Community Development Entity; this Ordinance will allow for below-market financing for qualifying businesses and persons located in low income communities in the County or targeted populations therein. Speaker(s) None. 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 Whitehead, seconded by Commissioner Young, 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's Finance Department: A. The following two Payroll Expenditures: (1) As of Payday December 15, 2006, in the amount of $2,111,851.58; and (2) As of Payday December 29, 2006, in the amount of $1,585,140.64; and B. The following four Disbursement of Funds: (1) November 30, 2006, to December 6, 2006, in the amount of $17,760,180.89; (2) December 7, 2006, to December 13, 2006, in the amount of $5,695,150.10; (3) December 14, 2006, to December 20, 2006, in the amount of $30,768,888.19; and (Continued on Page 11) 1/4/2007 Page 10 of 58 klc

11 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 1. Continued B. Continued (4) December 21, 2006, to December 27, 2006, in the amount of $56, Accepting, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data, for October 2006 returns received in the month of November 2006, as prepared by the Clerk s Finance Department. 3. Accepting, for filing with the Board's Minutes, Report No University of West Florida Operational Audit for the Fiscal Year ended June 30, 2006, as prepared by William O. Monroe, CPA, Auditor General, State of Florida. 4. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk to the Board's Office: A. The December 5, 2006, letter from Ericka L. Burnett, City Clerk, submitting a certified copy of Ordinance No , incorporating a certain area (East Brent Baptist Church, located at 4801 North Davis Highway, and Clopton Cemetery, located in the 600 block of Selina 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, as adopted by the City of Pensacola on August 24, 2006; B. The following two Financial Statements, as prepared and audited by Saltmarsh, Cleaveland & Gund, Certified Public Accountants and Consultants, and received in the Clerk's Finance Administration Office on December 15, 2006: (1) Santa Rosa Island Authority, Pensacola, Florida, Component Unit Financial Statements September 30, 2006 and 2005; and (2) Pensacola-Escambia County Promotion and Development Commission, Pensacola, Florida, Financial Statements September 30, 2006; (Continued on Page 12) 1/4/2007 Page 11 of 58 klc

12 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 4. Continued C. 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 construction of new workforce homes and complementing second mortgage assistance at levels required to ensure that homes are affordable to HHRP-eligible, low- and moderate-income homebuyers: (1) KBI Construction Co., Inc. (2) Berry Construction Company of Shalimar, Inc. (3) Chesley Investments, LLC D. 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 21 entities, as authorized by Board action on September 7, 2006: (1) Natco, Inc. (2) Landstar Ranger, Inc. (3) Southern Spice, LLC, DBA: Southern Spice Catering Service (4) JAS Supply, Inc. (5) A & K Septic Tank/Portable Toilet Co. (6) OK's Cascade Company (7) BFI Waste Systems of NA (for Solid Waste Container Service) (8) BFI Waste Systems of NA, Inc. (for Roll-Off Container Service) (9) D & J Enterprises, Inc. (10) Advanced Construction (11) AAA Advanced Tree Experts (12) Sunbelt Rentals, Inc. (13) Childress Marine, Inc. (Continued on Page 13) 1/4/2007 Page 12 of 58 klc

13 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 4. Continued D. Continued (14) AquiEssence/Pure Pouch Water (15) Bamaco, Inc. (16) Crowder-Gulf Joint Ventures (17) Porta-John Industries, Inc. (18) American AquaSource (19) CAT 5 Disaster Services (20) TAS Grinding Services (21) Storm Reconstruction E. Copies of the Minutes of the Santa Rosa Island Authority Regular Board Meeting held November 8, 2006, and the Special Board Meeting held November 28, 2006, the 2007 Santa Rosa Island Standing Committee Assignments, and the 2007 Santa Rosa Island Authority Meeting Calendar. 5. Taking the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office: A. Approving the Minutes of the Public Forum Work Session and Regular Board Meeting held December 7, 2006; B. Approving the Minutes of the Special Board Meeting held December 12, 2006; C. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work Session held December 7, 2006; and (Continued on Page 14) 1/4/2007 Page 13 of 58 klc

14 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Accepting, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held December 12, 2006, as follows: AGENDA NUMBER 1. Call to Order Chairman White called the Committee of the Whole Workshop (C/W) to order at 9:00 a.m. 2. Was the Meeting Properly Advertised? The C/W was advised by Patricia L. Sheldon, Clerk s Administrator of Financial Services, that the Meeting was advertised in the Pensacola New Journal on Sunday, December 10, 2006, in the Board of County Commissioners Escambia County, Florida, Meeting Schedule December 11 15, 2006, Legal Number Communities for a Lifetime A. Discussion The C/W heard the request from Janine Rogers-Harris, Community Relations Coordinator, State of Florida, Department of Elder Affairs, Communities for a Lifetime, that the Board adopt a Resolution supporting the Communities for a Lifetime State-funded initiative, which provides seniors the opportunity to remain independent in their own communities throughout a lifetime; and B. Board Direction The C/W heard the request from Commissioner White that staff draft a Resolution for the Board's consideration at the January 4, 2007, Regular Board Meeting. (Continued on Page 15) 1/4/2007 Page 14 of 58 klc

15 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 4. Streetside Solicitation & Promotion Ordinance A. Discussion The C/W discussed the Streetside Solicitation & Promotion Ordinance (Draft #11), and the C/W: (1) Was advised by Rusty Wells, Legal Advisor to the Sheriff's Office, that the Sheriff's Office has four new computer codes for calls relating to streetside solicitation, three for calls from citizens and one for calls initiated by Deputies who witness, and take action regarding, streetside solicitation; (2) Heard comments from Commissioner Valentino regarding the public health, safety, and welfare issues relative to streetside solicitation, as well as the issue of how to define panhandling and solicitation, in general; (3) Was advised by Alison Rogers, Deputy County Attorney, that the Escambia County Charitable (Roadway Funds) Solicitation Ordinance was repealed approximately two years ago, so that the State Traffic Code could be enforced; and (4) Heard comments from Commissioner Whitehead regarding individuals who carry on commerce within State and County roadbeds; and B. Board Direction The C/W heard the request from Commissioner Valentino that the Board discuss this issue again at the January 2007 Committee of the Whole Workshop, if the proposed Ordinance is not in its final draft form at that time. (Continued on Page 16) 1/4/2007 Page 15 of 58 klc

16 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 5. ECAT Update Route Changes A. Discussion The C/W discussed (Escambia County Area Transit) ECAT Transit Update Route Changes, and the C/W: (1) Viewed a PowerPoint Presentation, entitled Know How To Go, which was also provided in hard copy, by Rob Mahan, ECAT, and heard comments from Mr. Mahan concerning the route restructuring, ongoing revisions for optimization, shelter installation, transfer facilities, and Fiscal Year Budget cost factors; (2) Was advised by Commissioner Young that she opposes the proposed route changes and heard her suggestion that the changes be implemented on a trial basis and, further, that the fare be reduced from $1.50 to $1.00 to increase ridership; (3) Was advised by County Administrator Touart that the City of Pensacola has relinquished any claim to the City's share of Local Option Gas Tax (LOGT) proceeds and has suggested that the County utilize the City's share to fund the shortfall created by the City's decision to withdraw ECAT funding after the current Fiscal Year; and (4) Heard the suggestion from County Administrator Touart that the Board consider increasing the LOGT as a dedicated source of funding for ECAT; and B. Board Direction The C/W heard the request from Commissioner Valentino that staff provide a proposed funding source at the next (January 4, 2007) Regular Board Meeting. (Continued on Page 17) 1/4/2007 Page 16 of 58 klc

17 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 6. Establishment of Committee to Study Firefighters Five-Year Plan / Funding A. Discussion The C/W discussed Establishment of Committee to Study Firefighters Five-Year Plan / Funding, and the C/W was advised by Willie C. Taylor, Assistant County Administrator, that: (1) Staff commitments include working with the Fire Chief, the University of West Florida, and the State Fire Marshall; (2) Two meetings per Commission District will be scheduled and advertised to ensure citizen participation; and (3) Staff requests that the Commissioners provide their Committee appointments as soon as possible; and B. Board Direction None. (Continued on Page 18) 1/4/2007 Page 17 of 58 klc

18 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 7. Presentation / Discussion of the Visioning Process Results A. Discussion The C/W, regarding Presentation / Discussion of the Visioning Process Results, viewed a PowerPoint Presentation entitled visionescambia, which was also provided in hard copy, by Lynn Cherry, President, Carpe Diem Community Solutions, Inc. (Consultant for Evaluation and Appraisal Report Visioning Project, PD ), and Stuart "Stu" Hamilton, Faculty Member, the University of West Florida, and the C/W was advised by Peter Aluotto, Director, Planning and Zoning Department, that: (1) Staff will provide, in February 2007, the balance of the EAR (Evaluation and Appraisal Report), which will be considered at a future Planning Board Public Hearing, for transmittal to the Department of Community Affairs, and should be adopted (by the Board of County Commissioners) by August 2007; and (2) A full Visioning Report will be provided in March 2007; and B. Board Direction None. (Continued on Page 19) 1/4/2007 Page 18 of 58 klc

19 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 8. Artificial Reefs Public Funding $100,000 (Marine Advisory Committee Funding Recommendation for the Artificial Reef Program) A. Discussion The C/W discussed Artificial Reefs Public Funding $100,000 (Marine Advisory Committee Funding Recommendation for the Artificial Reef Program), and the C/W: (1) Was advised by Keith Wilkins, Director, Neighborhood and Environmental Services Department, that demolition of the I-10 Bridge would generate 120,000 tons of debris, which would equate to $40 million worth of artificial reef material; (2) Was advised by Eilene Beard, Chairman, Marine Advisory Committee, that demolition of the I-10 Bridge is an opportunity for the County to use donated materials for artificial reef construction; (3) Heard the request from Robert Turpin, Chief, Marine Resources Division, that the Board send a letter to the Legislative Delegation requesting a revision to House Bill 7175 to restore artificial reefs as an eligible expenditure of Vessel Registration Fees; and (4) Upon being advised by Commissioner Whitehead that excess Tourist Development Tax (TDT) revenues might be a source of funding, was advised by County Administrator Touart that staff will provide a recommendation, for the Board's consideration at a later date, regarding any available 4th Cent TDT funds; and B. Board Direction None. (Continued on Page 20) 1/4/2007 Page 19 of 58 klc

20 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 9. Establishment of Escambia / Baldwin County Transportation Planning Organization A. Discussion The C/W discussed Establishment of Escambia / Baldwin County Transportation Planning Organization (TPO), and the C/W was advised by County Attorney Lander that: (1) Because the Florida-Alabama TPO has been designated by the Governor as the Metropolitan Planning Organization (MPO) for this metropolitan area, in order to create another TPO, it is incumbent upon the County to compile the necessary data with which to approach the Governor and the current Florida-Alabama TPO for a determination that it is appropriate to designate another MPO because of the size and complexity of the existing metropolitan planning area; and (2) If the Governor and the Florida-Alabama TPO make this determination, the County will need to accomplish the following, after which a new MPO (TPO) could be created pursuant to Florida Statues; however, financial commitments made prior to withdrawal would be effective and binding for their full term and amount: (Continued on Page 21) (a) Pursuant to Article 7, Section 7.03(b), of the Interlocal Agreement for Creation of the Florida-Alabama TPO, provide 90 days written notice of the County's intent to withdraw from the Florida-Alabama TPO; and (b) Execute, and file with the Clerk of the Circuit Court in each County in which a party to the Agreement is located, a memorandum reflecting the County's withdrawal; and 1/4/2007 Page 20 of 58 klc

21 CLERK OF COURTS & COMPTROLLER S REPORT Continued I. CONSENT AGENDA Continued 1-5. Approval of Various Consent Agenda Items Continued 5. Continued D. Report of the December 12, 2006, C/W Workshop Continued AGENDA NUMBER Continued 9. Continued B. Board Direction The C/W heard the request from Commissioner Whitehead that Engineering staff meet with representatives of the City of Pensacola and that the County Attorney begin compiling the required documentation. 10. Update on County Cleanup A. Discussion The C/W viewed a PowerPoint presentation entitled Team Up to Clean Up (hard copy not provided) by Robert R. "Bob" McLaughlin, Assistant County Administrator, concerning the 1st Quarter cleanup efforts in the County; and B. Board Direction None. 11. Dead or Dying Trees on Private Property That Have the Potential to Negatively Impact County Roads and Rights-of-Way A. Discussion The C/W discussed Dead or Dying Trees on Private Property that have the Potential to Negatively Impact County Roads and Rights-of- Way, and was advised by County Attorney Lander that, with the Board's consensus, she will advise the Northwest Florida Legislative Delegation that, in January 2007, the Board will consider the draft Ordinance relating to nuisance conditions; and B. Board Direction None. 12. Adjourn Chairman White declared the Meeting adjourned at 12:14 p.m. 1/4/2007 Page 21 of 58 klc

22 GROWTH MANAGEMENT REPORT Peter Aluotto, Director, Planning and Zoning I. PUBLIC HEARINGS 1. Rezoning Cases Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 27, 2006: A. Adopting the RHE s recommendation and approving R-3; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (1) Case Number: Z (remanded from the October 16, 2006, BCC Meeting) Location: 8240 Binkley Street Property Reference Number: 17-1S Property Size: 2.62 (+/-) acres From: R-2, Single-Family District (cumulative), Low-Medium Density (7 dwelling units per acre) To: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 4 Requested by: Wesley Majors, Agent for Brandon Metz, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. 1/4/2007 Page 22 of 58 klc

23 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 27, 2006: A. Adopting the RHE s recommendation and approving VAG-2; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (2) Case Number: Z (continued from September 25, 2006, RHE) Location: 3050 Purdue Road Property Reference Number: 25-5N Property Size: 4.97 (+/-) acres From: VAG-1, Villages Agriculture District (5 dwelling units per 100 acres on 1-acre parcels) To: VAG-2, Villages Agriculture District, Gross Density (1 dwelling unit per 5 acres) FLU Category: AG, Agricultural Commissioner District: 5 Requested by: Brenda J. Masaitis, Agent for Marguerite L. Oates, Jennifer N. Masaitis, and Clifford A. Masaitis, Owners RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. 1/4/2007 Page 23 of 58 klc

24 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried 4-1, with Commissioner Young voting no, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on October 23 and 24, 2007: A. Overturning the RHE's recommendation and granting the Petitioner's request for VAG-2, on the basis that the RHE erred in his findings regarding Criteria 3 and Criteria 6; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (3) Case Number: Z (continued from December 7, 2006, BCC Meeting) Location: 9601 Sunshine Hill Road Property Reference Number: 19-3N (western 20 [+/-] acres) Property Size: (+/-) acres From: VAG-1, Villages Agriculture District (5 dwelling units per 100 acres on 1-acre parcels) To: VAG-2, Villages Agriculture District (1 dwelling unit per 5 acres) FLU Category: AG, Agriculture Commissioner District: 5 Requested by: Chris Ritchie, Agent for Bradley A. and Gerald L. Vinke, Owners RHE Recommendation: Denial Staff Recommendation: Denial Speaker(s): Jerry R. Marbut 1/4/2007 Page 24 of 58 klc

25 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued The Board was advised by Charles Dana Word, Planning and Zoning Department, that the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 27, 2006, was continued until further notice: A. Review and either adopt, modify, or overturn the RHE s recommendation; and B. Authorize the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (4) Case Number: Z (continued until further notice) Location: 300 Block of West Quintette Road Property Reference Number: 22-2N Property Size: 9.97 (+/-) acres From: VAG-1, Villages Agriculture District (5 dwelling units per 100 acres on 1-acre parcels) To: V-2, Villages Single-Family Residential District, Gross Density (2 dwelling units per acre) FLU Category: RR, Rural Residential Commissioner District: 5 Requested by: Wiley C. Buddy Page, Agent for Carrington Development Group, LLC, Owners Speaker(s) None. 1/4/2007 Page 25 of 58 klc

26 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 27, 2006: A. Adopting the RHE s recommendation and approving C-2; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (5) Case Number: Z Location: 6214 North Palafox Highway Property Reference Number: 36-1S Property Size: (+/-) acres From: R-5, Urban Residential/Limited Office District (cumulative), High Density (20 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District (cumulative), (25 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: RHE Recommendation: Staff Recommendation: Speaker(s) None. Paul T. Majors, Agent for Northup M. Wilkinson and George H. Wilkinson, Jr., Owners Approval Approval 1/4/2007 Page 26 of 58 klc

27 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 27, 2006: A. Adopting the RHE s recommendation and approving C-2; and B. Authorizing the Chairman to sign the Order of the Escambia County Board of County Commissioners for the Rezoning Case that was reviewed, as follows: (6) Case Number: Z Location: 725, 745, 755, 765, and 775 Dewey Street and 8200 Block McCarty Street Property Reference Numbers: 10-1S , 10-1S , 10-1S , 10-1S , 10-1S , and 10-1S Property Size: 2.77 (+/-) acres From: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District (cumulative), (25 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 5 Requested by: Jason Toole, E.I, CPH Engineers, Agent for Floral Property III, LLC, and Floral Property IV, LLC, Owners RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. 1/4/2007 Page 27 of 58 klc

28 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 2. 5:45 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting an Ordinance (Number ) to amend the Official Zoning Map to include Rezoning Cases Z (remanded from the October 16, 2006, BCC Meeting), Z , Z , Z , heard at the November 27, 2006, RHE's Hearing; and Z , amended Rezoning Case, heard at the October 23 and 24, 2006, RHE's Hearing, and approved during the previous agenda item, and to provide for severability, inclusion in the Code, and an effective date. Speaker(s) None. 3. 5:46 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, approving to hold, until next month (February 1, 2007), the recommendation that the Board adopt an Ordinance amending Part II of the Escambia County Comprehensive Plan, as amended; amending Chapter 7, The Future Land Use Element, as authorized by Section 7.06; providing for a Small Scale Amendment (SSA ) to the Year 2020 Future Land Use Map, as amended, and as requested by Thomas Hammond, Agent for Victor Bronkhorst, Owner, changing the Future Land Use of 5.28 (+/-) acres located at West Highway 98, from LDR, Low Density Residential, to C, Commercial; providing for a title; a copy on file; severability; and an effective date. Speaker(s) None. For Information: The Board was advised by Charles Dana Word that the wrong recommendation was inadvertently submitted, due to a scrivener s error, and that staff s recommendation is to deny the SSA. 1/4/2007 Page 28 of 58 klc

29 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 4. 5:47 p.m. Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, adopting an Ordinance (Number ) amending Part III of the Escambia County Land Development Code, as amended, amending Article 3, Definitions, Section , to add Artificial Lakes and Ponds; and amending Article 7, Performance Standards, Sections through , creating performance standards. Speaker(s) None. 5. 5:48 p.m. Second Public Hearing Motion made by Commissioner Valentino, seconded by Commissioner Robinson, and carried unanimously, approving to continue March 1, 2007, at 5:50 p.m., the recommendation that the Board adopt an Ordinance amending the Escambia County Land Development Code (Ordinance 96-3, as amended); amending Article 3, Definitions, Section , to add the definition of Family Conveyance; amending Article 4, Subdivision Regulations, Section , to add qualifying criteria to the Family Conveyance exception; and amending Article 6, Zoning Districts, Sections and , to delete the Family Conveyance provision; providing for severability, inclusion in the Code, and an effective date. Speaker(s) None. 1/4/2007 Page 29 of 58 klc

30 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 6. 5:49 p.m. First Public Hearing Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, taking the following action concerning an amendment to the LDC, as amended to schedule the second Public Hearing for March 1, 2007, at 5:49 p.m.: A. Reviewing an Ordinance to (amend) the Escambia County Land Development Code (LDC); amending Articles 2, 3, 4, 6, 7, and 11; amending Article 2, Development Review, Section , expanding the DRC (Development Review Committee) process; amending Article 3, Definitions, Section , adding and amending definitions to Construction and Demolition Debris (C&DD) and related activities; amending Article 4, Subdivision and Site Plans, Sections and , adding C&DD facilities and related activities to specify borrow pits and C&DD facilities require a Development Order; amending Article 6, Zoning Districts, Sections , through , , , through , , through , and , amending permitted, conditional, and prohibited uses within zoning districts pertaining to C&DD facilities and related activities; amending Article 7, Performance Standards, Sections , , through , adding and amending performance standards for C&DD facilities and related activities; and amending Article 11, Airfield Influence Planning District, Sections through , amending permitted, conditional and prohibited uses within zoning districts pertaining to C&DD facilities and related activities; providing for severability; providing for inclusion in the Code; and providing for an effective date; and B. Scheduling the second of two Public Hearings for March 1, 2007, at 5:49 p.m. Speaker(s) None. 1/4/2007 Page 30 of 58 klc

31 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA 1. Scheduling of Public Hearings Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, scheduling the following four Public Hearings, as amended to schedule the 5:45 p.m. Public Hearing for April 10, 2007, instead of February 1, 2007: A. 5:45 p.m. Thursday, April 10, 2007 A Public Hearing to (consider adopting an Ordinance to) amend the Official Zoning Map to include the following two Rezoning Cases heard by the Rezoning Hearing Examiner (RHE) on December 18, 2006: (1) Case Number: Z Location: 9211 Fowler Avenue Property Reference Number: 10-1S Property Size: 0.65 (+/-) acre From: R-3, One-Family and Two-Family District (cumulative), Medium Density (10 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District (cumulative), (25 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 5 Requested by: Jason Toole, E.I., CPH Engineers, Inc., Agent for Francis R. Galloway, Life Estate, Rodney Galloway, James E. Galloway, and Alicia F. Weatherby, Owners (Continued on Page 32) 1/4/2007 Page 31 of 58 klc

32 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA Continued 1. Continued A. Continued (2) Case Number: Z Location: 4710 North W Street Property Reference Number: 46-1S Property Size: 0.51 (+/-) acre From: R-6, Neighborhood Commercial and Residential District (cumulative), High Density (25 dwelling units per acre) To: C-2, General Commercial and Light Manufacturing District (cumulative), (25 dwelling units per acre) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Gary S. Bishop, P.E., Agent for GRC Properties, LLC B. 5:46 p.m. Thursday, February 1, 2007 A Public Hearing to review and approve the Developmental Plan for Queen s Gate Estates, a Planned Unit Development; C. 5:48 p.m. Thursday, February 1, 2007 A Public Hearing to review and adopt a proposed amendment to the Escambia County Land Development Code (Ordinance 96-3, as amended); amending Article 3, Definitions, Section , to amend the definition of Right-of-Way and add definitions for Minor Subdivision and Single-lot Split; and amending Article 4, Subdivision Regulations, Section G, to delete Large Parcel Exemption and replace with Single-lot Split, Section , to delete Unplatted Subdivisions and add Minor Subdivisions and provide review requirements, and Section E, to delete Unplatted Subdivisions; providing for severability, inclusion in the Code, and an effective date; and (Continued on Page 33) 1/4/2007 Page 32 of 58 klc

33 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA Continued 1. Continued D. 5:49 p.m. Thursday, February 1, 2007 A Public Hearing to review and adopt a proposed amendment to the Escambia County Land Development Code; amending Article 2, Administration, Section , to amend and clarify when it is appropriate for an applicant to change their rezoning request; providing for severability, inclusion in the Code, and an effective date. COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Whitehead, seconded by Commissioner Valentino, and carried unanimously, approving Consent Agenda Items 1 through 19, as follows, with the exception of Items 14, 15, 16, and 18, which were held for separate votes, as amended to correct Item 7 to reflect Florida Statute , instead of Florida Statute (in the backup), to approve the revised letter of concurrence for Item 11, and to drop Item 13: 1. Adopting the Policy amending Section I, Part A.2, Agenda For Regular Meetings, of the Board of County Commissioners Policy Manual (to add "Commissioners' Forum"). 2. Confirming Commissioner Kevin White s appointment of William Myrick to the Marine Advisory Committee, effective January 4, 2007, replacing David Perry, who recently resigned; this appointment will run concurrent with Commissioner White s term of office, or at his discretion. 3. Ratifying the Chairman s signature on the Contract between Escambia County and the Florida Department of Children and Family Services (Florida Department of Children and Families) for the State to provide funding for two Forensic Mental Health Specialists. 1/4/2007 Page 33 of 58 klc

34 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 4. Taking the following action concerning the addition of American General Life and Accident Insurance Company: A. Approving the addition of American General Life and Accident Insurance Company to the County List of employee retirement plans, effective January 1, 2007; and B. Authorizing the County Administrator to sign the Employer s Acceptance of Voluntary Benefits Program. 5. Taking the following action relative to the Buffer Zone Protection Plan Grant Program administered by the Florida Department of Law Enforcement (FDLE): A. Ratifying and approving the submission of a Grant Application entitled Florida Department of Law Enforcement Buffer Zone Protection Plan; funds are made available to the Sheriff of Escambia County from the FDLE; B. Authorizing the Sheriff of Escambia County, Florida, to act as the Implementing Agency and designee for the Chairman of the Board of County Commissioners for the Grant Program, to include the following: (1) Review and approve the online Grant Application; (2) Make the necessary Assurances and Certifications as to the expenditure of funds under the Program; and (3) Sign or validate online any other program requirements as may be required by the funding authority; and C. Authorizing the Chairman to execute all documents related to submission of this Grant, i.e. acceptance documents, amendments, requests for payments, and other related documents as required. 1/4/2007 Page 34 of 58 klc

35 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 6. Scheduling a Public Hearing on January 23, 2007, at 5:33 p.m., to amend the Fiscal Year Budget to include fund balance carryforwards. 7. Approving the Requests for Disposition of Surplus Equipment to be sold as surplus or appropriately disposed of, all of which are described on 11 requests, as provided by various County Departments, for the reasons stated on each, and one Request for Reinstatement of equipment. 8. Authorizing the scheduling of a Public Hearing for the establishment of a street lighting Municipal Services Benefit Unit (MSBU) on January 23, 2007, at 5:31 p.m., to consider the adoption of an Ordinance creating the Turnberry Place Street Lighting MSBU. 9. Approving an Interlocal Agreement between Escambia County and the Community Redevelopment Agency of the City of Pensacola, for a term of three years, to provide management of downtown Pensacola parking facilities and to provide for management of County parking facilities, including the parking garage located on Intendencia Street and the surface lot on Intendencia Street; this Agreement may be renewed for an additional period by written agreement of the parties. 10. Authorizing the Chairman to execute and convey to Gulf Power Company the Easement for Electric Service to the Osceola Fire Station located at 2601 Massachusetts Avenue. 11. Taking the following action concerning the Florida Department of Environmental Protection (FDEP) "Letter of Concurrence for Setback Waiver": A. Approving the FDEP "Letter of Concurrence for Setback Waiver" requested by Bosso, Dentzau & lmhof, regarding Escambia County property adjacent to 5801 Cruzat Way, for the construction of a multi-facility dock for the Canterbury Place Condominiums; and B. Authorizing the Chairman to sign the "Letter of Concurrence (for Setback Waiver)." 1/4/2007 Page 35 of 58 klc