Chairman Whitehead 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 5, 2006 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (4:32 p.m. 6:40 p.m.) Present: Commissioner D. M. Mike Whitehead, Chairman, District 1 Commissioner J. W. Bill Dickson, Vice Chairman, District 2 Commissioner Thomas G. Tom Banjanin, District 4 Commissioner Kevin W. White, District 5 Commissioner Marie K. Young, District 3 Mr. George Touart, County Administrator Mrs. Janet Lander, County Attorney Mrs. Patricia L. Sheldon, Clerk's Administrator of Financial Services Mrs. Doris Harris, Deputy Clerk to the Board PUBLIC FORUM WORK SESSION Chairman Whitehead called the Public Forum Work Session to order at 4:32 p.m. 1. FOR INFORMATION: The Board: A. Heard comments from Thomas J. Lopez and Merle Turnage concerning undeveloped property in Waterford Place Subdivision that has storm water damage and is eroding, which is causing damage to their property; B. Received pictures depicting erosion and storm water damage of the undeveloped property in Waterford Place Subdivision, as provided by Mr. Turnage; and C. Was advised by Becky Azelton, Aide to Commissioner Banjanin, that this issue has been referred to Code Enforcement and the Road Department. 2. FOR INFORMATION: The Board heard general comments from L. Gary Sansing regarding Hurricane Ivan damage that is still evident in Escambia County. 3. FOR INFORMATION: The Board heard the request from James Sideris that the County Attorney focus on a specific Rezoning Case (Z ) that is on the Agenda for the Regular Board Meeting this date and, in addition, ensure that the University of West Florida s library be provided with up-to-date copies of Escambia County Resolutions and any related quasi-judicial decisions. 1/5/2006 Page 1 of 48 lfc

2 PUBLIC FORUM WORK Continued 4. FOR INFORMATION: The Board received a written and verbal request from Charles C. Miller, Consultant for Saufley Landfill, that the Board approve a variance to allow the Landfill to operate on Sundays from 8:00 a.m. to 5:00 p.m., to aid in its efforts to comply with a request to reduce the height of the debris pile to an acceptable level. 4:54 P.M. PUBLIC FORUM ADJOURNED 5:32 P.M. REGULAR BOARD MEETING CONVENED REGULAR BCC AGENDA 1. Call to Order Chairman Whitehead called the Regular Meeting of the Board of County Commissioners to order at 5:32 p.m. 2. Invocation Chairman Whitehead advised that Reverend Greg Lancaster, Greg Lancaster Ministries, would deliver the Invocation. 3. Pledge of Allegiance to the Flag Chairman Whitehead advised that Commissioner Dickson would lead the Pledge of Allegiance to the Flag. 4. Adoption of the Agenda Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting the agenda as prepared and duly amended to include Commissioner Whitehead s four add-on items; one concerning a contract to conduct a comprehensive compensation and classification study; one concerning Supplemental Budget Amendment Number 98; one concerning a Contract to Benchmark Construction, Inc.; and one concerning the purchase of three E-250 vans and two F-250s; and Addendum #1 and #2 to the County Attorney's Report (Items I-5 and I-6). 1/5/2006 Page 2 of 48 lfc

3 REGULAR BCC AGENDA Continued 5. Proclamations Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting the following four retirement Proclamations: A. The Proclamation commending and congratulating Winfred A. Phillips, Field Supervisor, Parks and Recreation Department, on his retirement after 30 years of faithful and dedicated service; B. The Proclamation commending and congratulating Charles M. Booker, Lead Electronics Technician, Facilities Management Department, on his retirement after 24 years of faithful and dedicated service; C. The Proclamation commending and congratulating Ronald R. Youngs, Maintenance Mechanic II, Facilities Management Department, on his retirement after 23 years of faithful and dedicated service; and D. The Proclamation commending and congratulating Gladys Philyaw-Atkins, Office Assistant II, Emergency Medical Services Division, Public Safety Department, on her retirement after 15 years of faithful and dedicated service. 6. Written Communication Hencye Street The Board was advised by County Administrator Touart, concerning a written communication from David Peacock, dated December 5, 2005, requesting drainage repairs and paving for a portion of Hencye Street, that he will contact Mr. Peacock and inform him that Hencye Street will be placed on the list for road paving and drainage improvements. 5:40 P.M. REGULAR BOARD MEETING RECESSED 5:42 P.M. REGULAR BOARD MEETING RECONVENED 1/5/2006 Page 3 of 48 lfc

4 REGULAR BCC AGENDA Continued 7. Proofs of Publication Motion made by Commissioner Dickson, seconded by Commissioner Young, and carried unanimously, waiving the reading of the legal advertisement(s) and accepting, for filing with the Board s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners Escambia County, Florida, Meeting Schedule, as follows: A. The following seven Public Hearings on the agenda: (1) The 5:33 p.m. Public Hearing, advertised in the Pensacola News Journal on January 2, 2006, for consideration of amending the Fiscal Year Budget to include fund balance carry forwards; (2) The 5:34 p.m. Public Hearing, advertised in the Pensacola News Journal on December 25, 2005, for consideration of adopting an Ordinance amending the Land Development Code to provide for an in-lieu fee for impacts to the PKBM; (3) The 5:35 p.m. Public Hearing, advertised in the Pensacola News Journal on December 25, 2005, for consideration of adopting an Ordinance creating the PKBM Special Assessment; (4) The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on December 25, 2005, for consideration of adopting an Ordinance amending the Official Zoning Map; (5) The 5:46 p.m. first Public Hearing, advertised in the Pensacola News Journal on December 25, 2005, for consideration of Comprehensive Plan Amendment ; (6) The 5:47 p.m. first Public Hearing, advertised in the Pensacola News Journal on December 25, 2005, for consideration of adopting an Ordinance amending the Land Development Code relating to height and land use restrictions near Pensacola Regional Airport; and (Continued on Page 5) 1/5/2006 Page 4 of 48 lfc

5 REGULAR BCC AGENDA Continued 7. Continued (7) The 5:48 p.m. Public Hearing, advertised in the Pensacola News Journal on December 25, 2005, for consideration of amending the Land Development Code Amendment, amending Article 10, Floodplain Management, and of adopting an Ordinance; and B. The Board of County Commissioners Escambia County, Florida, Meeting Schedule January 2-5, 2006 Legal No , as published in the Pensacola News Journal on January 1, 2006, as follows: January 2 January 4 January 4 January 4 January 4 January 5 January 5 January 5 HOLIDAY/New Year s Day 9:00 a.m. Construction Industry Competency Board 1:00 p.m. Development Review Committee 2:00 p.m. Enterprise Resource Planning (ERP) Governance Council 5:00 p.m. Santa Rosa Island Authority 4:30 p.m. Board of County Commissioners Public Forum 5:30 p.m. Board of County Commissioners Public Hearings & Reports 5:33 p.m. Public Hearing: FY 05/06 Budget Fund Balance Carry Forwards 8. 5:33 p.m. Public Hearing Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, taking the following action, as amended to correct the Statutory citation on the Resolution for SBA Number 92, to Florida Statutes, Section (2f): A. Adopting the Resolution approving Supplemental Budget Amendment (SBA) Number 88, Solid Waste Fund (401), Inspections Fund (406), Emergency Medical Services Fund (408), the Civic Center Fund (409) and the Economic Development and Industrial Park Fund (415), in the amount of $6,142,424, to adjust the fund balances to actual; and (Continued on Page 6) 1/5/2006 Page 5 of 48 lfc

6 REGULAR BCC AGENDA Continued 8. Continued B. Adopting the Resolution approving Supplemental Budget Amendment Number 92, in the amount of $23,663,170, to recognize certain revenues and adjust fund balance estimates for the following funds, and to appropriate these funds accordingly: Fund Number(s) General Fund 001 Mass Transit Fund 104 M&A State Fund 106 Tourist Promotion Fund 108 Disaster Recovery Fund 112 Misdemeanor Probation Fund 114 Article V Fund 115 Law Enforcement Trust Fund 121 Escambia Affordable Housing 124 Handicapped Parking Fund 130 Family Mediation Fund 131 Fire Protection Fund 143 E-911 Operations Fund 145 HUD-CDBG Housing Rehab Fund 146 Bob Sikes Toll Bridge Fund 167 Transportation Trust Fund 175 MSBU Assessment Program Fund 177 Master Drainage Basin Funds Debt Service Fund 203 Capital Improvement Program Fund 310 FTA-Capital Project Fund 320 New Road Construction Fund 333 Local Option Sales Tax Fund 350 Local Option Sales Tax II Fund 351 Internal Service Fund 509 CRA-Expendable Trust 683 Escambia County General Trust 882 Speaker(s) None. 1/5/2006 Page 6 of 48 lfc

7 REGULAR BCC AGENDA Continued 9. 5:34 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried 4-1, with Commissioner Banjanin voting no, adopting an Ordinance (Number ) to allow an in-lieu fee to be utilized for impacts to the Perdido Key Beach Mouse (PKBM) and associated habitats. Speaker(s) None :35 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried 4-1, with Commissioner Banjanin voting no, adopting an Ordinance (Number ) creating the Perdido Key Beach Mouse (PKBM) Special Assessment to provide for the annual collection of $201 per unit, per year, for new development within the approximate 240 acres designated as the PKBM potential habitat area. Speaker(s) None. CLERK OF THE CIRCUIT COURT S REPORT Honorable Ernie Lee Magaha Clerk of the Circuit Court I. CONSENT AGENDA 1-6. Approval of Various Consent Agenda Items Motion made by Commissioner Dickson, seconded by Commissioner Young, and carried unanimously, approving Consent Agenda Items 1 through 6, as follows: 1. Accepting, for filing with the Board's Minutes, the following five Reports prepared by the Clerk's Finance Department: A. Payroll Expenditures as of Payday December 16, 2005, in the amount of $1,854,589.69; and (Continued on Page 8) 1/5/2006 Page 7 of 48 lfc

8 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 1. Continued B. The following four Disbursement of Funds: (1) November 24, 2005, to November 30, 2005, in the amount of $6,353,947.15; (2) December 1, 2005, to December 7, 2005, in the amount of $14,543,874.19; (3) December 8, 2005, to December 14, 2005, in the amount of $10,059,571.14; and (4) December 15, 2005, to December 21, 2005, in the amount of $31,424, Accepting, for filing with the Board's Minutes, the Investment Report for the month ended November 30, 2005, as prepared by the Clerk s Finance Department. 3. Accepting, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data, for October 2005 returns received in the month of November 2005, as prepared by the Clerk s Finance Department. 4. Accepting, for filing with the Board's Minutes, the following documents provided to the Clerk s Office: A. The original recorded Temporary Construction Easement and the Permanent Drainage Easement, by Randolph E. Robbert and Judith Johns-Robbert, two Partial Release of Mortgage, by the United States Small Business Administration, and the Subordination of Mortgage, by Countrywide Home Loans, Inc., relative to the Board s action of April 1, 2004, approving the settlement of the claim made by Randolph Robbert, Judith Robbert and Suzanne Robbert, Case No CA-01; (Continued on Page 9) 1/5/2006 Page 8 of 48 lfc

9 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 4. Continued B. Copies of the following documents provided by the Santa Rosa Island Authority (SRIA): (1) The Minutes of the Regular Board Meeting held November 2, 2005; (2) The Minutes of the Special Board Meeting held November 7, 2005; (3) The Minutes of the Administrative Committee, Architectural Environmental Committee, and Special Board Meetings held November 9, 2005; (4) The 2006 Santa Rosa Island Authority Meeting Calendar, which includes a list of the Officers elected by the SRIA Board on December 7, 2005; and (5) The Santa Rosa Island Authority, Pensacola, Florida, Component Unit Financial Statements September 30, 2005 and 2004, as prepared by Saltmarsh, Cleaveland & Gund, Certified Public Accountants and Consultants; and C. The Escambia County Housing Finance Authority September 30, 2005 and 2004, Financial Statements, as prepared by Brown Thornton Pacenta & Company, P.A., Certified Public Accountants/Business & Financial Consultants. 5. Approving two requests for disposition of Board of County Commissioners Records, in accordance with State Retention Schedule GS1, as follows: A. Records Disposition Document No. 345, for disposition of Item 32a, Minutes: Official Meetings (Transcripts: Microfilmed on Rolls 392 through 394), for the period February 17, 2005, through May 17, 2005, since the permanent records have been scanned and/or microfilmed; and B. Records Disposition Document No. 346, for disposition of Item 123a, Minutes: Official Meetings (Supporting Documents), for the period January 10, 2002, through September 24, /5/2006 Page 9 of 48 lfc

10 CLERK OF THE CIRCUIT COURT S REPORT Continued I. CONSENT AGENDA Continued 1-6. Approval of Various Consent Agenda Items Continued 6. 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 December 8, 2005; B. Approving the Minutes of the Public Forum Work Session and Regular Board Meeting held December 8, 2005; and C. Accepting, for filing with the Board's Minutes, the Report of the Agenda Review Meeting held December 8, /5/2006 Page 10 of 48 lfc

11 GROWTH MANAGEMENT REPORT Peter Aluotto, Director, Planning and Zoning I. PUBLIC HEARINGS 1. Rezoning Cases Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning Rezoning Cases Z and Z , which were heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005: A. Adopting the RHE s recommendation for Rezoning Cases Z and Z , and approving C-1; and B. Authorizing the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the Rezoning Cases that were reviewed, as follows: (1) Case Number: Z Location: 468 Allen Court Property Reference Number: 29-1S Property Size: 0.23 (+/-) acre From: R-4, Multiple-Family District, (cumulative) Medium High Density To: C-1, Retail Commercial District (cumulative) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Jack Locklin, Jr., Esq., Locklin & Jones, P.A., Agent for Cleo D. Crane and Joe A. Davison RHE Recommendation: Approval Staff Recommendation: Approval (Continued on Page 12) 1/5/2006 Page 11 of 48 lfc

12 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Continued B. Continued (2) Case Number: Z Location: 473 Allen Court Property Reference Number: 29-1S Property Size: 0.17 (+/-) acre From: R-4, Multiple-Family District, (cumulative) Medium High Density To: C-1, Retail Commercial District (cumulative) FLU Category: MU-1, Mixed Use 1 Commissioner District: 3 Requested by: Jack Locklin, Jr., Esq., Locklin & Jones, P.A., Agent for HGM, LLC RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 13) 1/5/2006 Page 12 of 48 lfc

13 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving to reschedule, for the next Regular Board Meeting (February 2, 2006), the recommendation that the Board take the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005: A. Review and either adopt, modify, or overturn the RHE s recommendation for Rezoning Case Z , or remand the Case back to the RHE; 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: (3) Case Number: Z (This Case was continued at the RHE meeting of November 29, 2005) Location: 2222 Frank Street Property Reference Number: 18-1S Property Size: 0.35 (+/-) acre From: R-2, Single-Family District (cumulative), Low- Medium Density To: R-5, Urban Residential/Limited Office District, (cumulative) High Density FLU Category: MU-1, Mixed Use 1 Commissioner District: 4 Requested by: Ahmad Safakhoo, Owner RHE Recommendation: None Staff Recommendation: None Speaker(s) None. (Continued on Page 14) 1/5/2006 Page 13 of 48 lfc

14 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005: A. Adopting the RHE s recommendation and approving C-1; 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: (4) Case Number: Z Location: 8965 Untreiner Avenue Property Reference Numbers: 10-1S , 10-1S and 10-1S Property Size: 2.93 (+/-) acres From: R-5, Urban Residential/Limited Office District (cumulative) High Density To: C-1, Commercial Retail (changed at the RHE meeting from C-2, General Commercial and Light Manufacturing District, cumulative) FLU Category: C, Commercial Commissioner District: 5 Requested by: Wiley C. Buddy Page, Agent for Bennie E. Brewton, Owner RHE Recommendation: Denial of C-2, but approval of C-1 Staff Recommendation: Denial of C-2, but approval of C-1 Speaker(s) None. (Continued on Page 15) 1/5/2006 Page 14 of 48 lfc

15 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005: A. Adopting the RHE s recommendation and approving R-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: (5) Case Number: Z Location: 1900 Block of Bush Street Property Reference Number: 12-1S Property Size: (+/-) acres From: ID-1, Light Industrial District (cumulative) (no residential uses allowed) To: R-6, Neighborhood Commercial and Residential District, (cumulative) High Density FLU Category: UR, Urban Residential Commissioner District: 5 Requested by: Wiley C. Buddy Page, Agent for Floyd T. Neth, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 16) 1/5/2006 Page 15 of 48 lfc

16 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005: 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: 3 Cherokee Trail Property Reference Number: 14-2S Property Size: 0.18 (+/-) acres From: R-2, Single-Family District (cumulative), Low- Medium Density To: C-2, General Commercial and Light Manufacturing District (cumulative) FLU Category: C, Commercial Commissioner District: 2 Requested by: Tom Anderson, Agent for Ngoc Thi Nguyen, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 17) 1/5/2006 Page 16 of 48 lfc

17 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner White, seconded by Commissioner Young, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005, as amended to correct the Location to 3100 Block Highway 97 South: A. Adopting the RHE s recommendation and approving VR-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: (7) Case Number: Z Location: 3100 Block Highway 97 South Property Reference Number: 36-1N Property Size: 4.05 (+/-) acres From: VR-1, Villages Rural Residential Districts, (gross density, one (dwelling) unit per four acres) To: VR-2, Villages Rural Residential District, (gross density, one (dwelling) unit per acre 0.75 per acre) FLU Category: MU-6, Mixed Use 6, Area 4 Commissioner District: 5 Requested by: Robert O. Beasley, Agent for Joseph and Brenda E. Hagendorfer RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 18) 1/5/2006 Page 17 of 48 lfc

18 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005, as amended to include written notification stating that the Navy has no objection to this rezoning: A. Adopting the RHE s recommendation and approving AMU-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: (8) Case Number: Z Location: 6080 North Blue Angel Parkway Property Reference Number: 38-1S Property Size: 0.52 (+/-) acre From: R-2, Single-Family Residential, Low-Medium Density (cumulative) AIPD-2, Airfield Influence Planning District Overlay To: AMU-2 Airfield Mixed Use 2 District (cumulative to AMU-1 only) FLU Category: LDR, Low Density Residential Commissioner District: 1 Requested by: Robert L. and Jeanette Fountain, Owners RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s): Jeanette Fountain (Continued on Page 19) 1/5/2006 Page 18 of 48 lfc

19 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Dickson, seconded by Commissioner Young, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005, as amended to include written notification stating that the Navy has no objection to this rezoning: A. Adopting the RHE s recommendation and approving V-2A; 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: (9) Case Number: Z Location: 5950 West Nine Mile Road Property Reference Number: 06-1S (subsequently changed to when sale was recorded) Property Size: 4.84 (+/-) acres From: R-R, Rural Residential District (cumulative), Low Density To: V-2A, Villages Single-Family Residential AIPD-2 FLU Category: LDR, Low Density Residential Commissioner District: 1 Requested by: Lisa Sharp, Agent for Joseph Dhaiti, Owner RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s) None. (Continued on Page 20) 1/5/2006 Page 19 of 48 lfc

20 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 1. Rezoning Cases Continued Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, taking the following action concerning Rezoning Case Z , which was heard by the Rezoning Hearing Examiner (RHE) on November 29, 2005: 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: (10) Case Number: Z Location: 1325 North 69th Avenue Property Reference Number: 11-2S Property Size: 5.17 (+/-) acres From: R-2, Single-Family District (cumulative), Low- Medium Density To: R-3, One-Family and Two-Family District, (cumulative) Medium Density FLU Category: R, Residential Commissioner District: 1 Requested by: Ronald D. Bailey, Agent for William E. Rollins, Frances Estep and The Estate of Rachel Christine Ashley RHE Recommendation: Approval Staff Recommendation: Approval Speaker(s): James Sideris Wiley C. Buddy Page 1/5/2006 Page 20 of 48 lfc

21 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 2. 5:45 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, adopting an Ordinance (Number ) to amend the Official Zoning Map to include the Rezoning Cases (Cases Z , Z , Z , Z , Z , Z , Z , Z and Z ) that were heard by the Rezoning Hearing Examiner on November 29, 2005, 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. First Public Hearing Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, reviewing a draft Ordinance amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended, and approving transmittal to the Department of Community Affairs as the first amendment package for the Year 2006 (Comprehensive Plan Amendment ), amending Chapter 7, The Future Land Use Element, as authorized by Section 7.06, providing for an amendment to the Year 2020 Escambia County Future Land Use (FLU) Map, as amended, changing the FLU Category of (+/-) acres located in that portion of Section 41, Township 1 South, Range 30 West, Parcel Number , that lies in the northwest quadrant of Long Leaf Drive and Kemp Road, from UR, Urban Residential, to MU-1, Mixed Use 1, providing for a title, providing for a copy on file, providing for severability and providing for an effective date. Speaker(s) None. 1/5/2006 Page 21 of 48 lfc

22 GROWTH MANAGEMENT REPORT Continued I. PUBLIC HEARINGS Continued 4. 5:47 p.m. First Public Hearing The Board, at the 5:47 p.m. first Public Hearing, reviewed an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended, amending Article 4, Subdivisions and Site Plans, Article 7, Performance Standards, Article 9, Nonconforming Uses and Noncomplying Structures, and Article 11, Airport Environs, with regard to height and land use restrictions near Pensacola Regional Airport, providing for severability, inclusion in the Code and an effective date, and the Board took no action. Speaker(s): Gary Cumberland Robert McGee 5. 5:48 p.m. Public Hearing Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving the Land Development Code Amendment, (and adopting an Ordinance [Number ]) amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended, amending Article 10, Floodplain Management. Speaker(s): Thomas J. Tom Gilliam, Jr. 1/5/2006 Page 22 of 48 lfc

23 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA 1. Scheduling of Public Hearings Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving to schedule the following three Public Hearings: A. 5:45 p.m. Thursday, February 2, 2006 A Public Hearing (for consideration of adopting an Ordinance) to amend the Official Zoning Map to include the following Rezoning Cases heard by the Rezoning Hearing Examiner (RHE) on December 19, 2005, and approved by the Board during the previous agenda item (on February 2, 2006): (1) Case Number: Z Location: 2829 West Michigan Avenue Property Reference Number: Northern 150 (+/-) of 13-2S Property Size: 0.91 (+/-) acre From: R-6, Neighborhood Commercial and Residential District, (cumulative) and R-5, Urban Residential/Limited Office District (cumulative), High Density To: C-1, Retail Commercial District, (cumulative) FLU Category: MU-1, Mixed Use 1 Commissioner District: 1 Requested by: Dennis Paedae, Agent for Bilek Manor, INC. (2) Case Number: Z Location: 5842 Frank Reeder Road Property Reference Number: 34-1N Property Size: 12.4 (+/-) acres From: VAG-2, Villages Agriculture Districts with an AIPD-1, Overlay To: V2-A, Villages Single-Family Residential District with an AIPD-1, Overlay District FLU Category: AA-17, Activity Area 17 Commissioner District: 5 Requested by: (Continued on Page 24) W.R. Ward, agent for Donald L. Culbertson, Owner 1/5/2006 Page 23 of 48 lfc

24 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA 1. Continued A. Continued (3) Case Number: Z Location: 5842 Frank Reeder Road Property Reference Number: 34-1N Property Size: 8.0 (+/-) acres From: VAG-2, Villages Agriculture Districts with an AIPD-2, Overlay District To: V2-A, Villages Single-Family Residential District FLU Category: AA-17, Activity Area 17 Commissioner District: 5 Requested by: W.R. Ward, Agent for Cynthia F. Culbertson, Owner (4) Case Number: Z Location: 3635 Godwin Lane Property Reference Number: 38-1S Property Size: 4.88 (+/-) acres From: R-R, Rural Residential District (cumulative), Low Density in an AIPD-2 Overlay District To: AMU-2, Airfield Mixed Use 2 District, (cumulative to AMU-1 Only) FLU Category: MU-2, Mixed Use 2 Commissioner District: 1 Requested by: William L. Merrill, P.E., Agent for D.C. Development, LLC (Continued on Page 25) 1/5/2006 Page 24 of 48 lfc

25 GROWTH MANAGEMENT REPORT Continued II. CONSENT AGENDA 1. Continued A. Continued (5) Case Number: Z Location: 1261 South Highway 97 Property Reference Number: 22-1N Property Size: (+/-) acres From: VAG-2, Villages Agriculture Districts To: V2-A, Villages Single-Family Residential District FLU Category: MU-6, Mixed Use 6 Area 4 Commissioner District: 5 Requested by: Wiley C. Buddy Page, Agent for Jane Alderman Jernigan B. 5:46 p.m. Thursday, February 2, 2006 A Public Hearing to review and adopt (an Ordinance approving) a Small Scale Amendment (SSA ) to change the Future Land Use of 31 parcels totaling 8.9 (+/-) acres, located within Section 01, Township 1 South, Range 29 West, all lying between the southern boundary of Ellyson Field and the 3500, 3600, 3700 and 3800 Blocks of East Johnson Avenue, including all parcels located on Nantucket Place and the abutting Gulf Power Easement, from Industrial (I) to Mixed Use 1 (MU-1). C. 5:47 p.m. Thursday, February 2, 2006 The second of two Public Hearings to review and adopt an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code, as amended, amending Article 11, Airport Environs, with regard to height and land use restrictions near Pensacola Regional Airport, providing for severability, inclusion in the Code, and an effective date. 1/5/2006 Page 25 of 48 lfc

26 COUNTY ADMINISTRATOR'S REPORT George Touart, County Administrator I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner Dickson, seconded by Commissioner White, and carried unanimously, approving Consent Agenda Items 1 through 12, as follows: 1. Authorizing a Public Hearing for the establishment of a Street Lighting Municipal Services Benefit Unit (MSBU) on January 19, 2006, at 5:36 p.m., to consider the adoption of an Ordinance creating the Logan Place Street Lighting MSBU. 2. Authorizing a Public Hearing for the establishment of a Street Lighting Municipal Services Benefit Unit (MSBU) on January 19, 2006, at 5:35 p.m., to consider the adoption of an Ordinance creating the Floridian, Phase II Street Lighting MSBU. 3. Authorizing a Public Hearing for the establishment of a Street Lighting Municipal Services Benefit Unit (MSBU) on January 19, 2006, at 5:34 p.m., to consider the adoption of an Ordinance creating the Arbor Ridge Street Lighting MSBU. 4. Authorizing a Public Hearing for the establishment of a Street Lighting Municipal Services Benefit Unit (MSBU) on January 19, 2006, at 5:33 p.m., to consider the adoption of an Ordinance creating the Cypress Creek Street Lighting MSBU. 5. Approving the Requests for Disposition of Surplus Equipment to be sold as surplus, or appropriately disposed of, all of which are described on seven requests, as provided by various County departments for the reasons stated on each. 6. Accepting, for filing with the January 5, 2006, Board Minutes, an Information Report concerning the Enterprise Zone Development Agency (EZDA) Fourth Quarter Report. 7. Taking the following action regarding a grant of the Conservation Easement between David G. Moore (Grantor) and Escambia County, Florida, (Grantee): A. Accepting, as a condition precedent to the development of property in Escambia County, Florida, conveyance of a Conservation Easement, pursuant to Section , Florida Statutes Easement, consisting of 1.20 acres of wetland at the intersection of Gulf Beach Highway and South Loop Road; and (Continued on Page 27) 1/5/2006 Page 26 of 48 lfc

27 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 7. Continued B. Authorizing the Chairman to sign all documents related to the grant of the Conservation Easement. 8. Scheduling a Public Hearing for February 2, 2006, at 5:32 p.m., to consider the Petition to Vacate a 15-foot-wide alleyway (15 feet by approximately 177 feet = 2,655 square feet, or 0.06 acres), located in Block 21, Figland Park Subdivision, as petitioned by Frank Lott, III. 9. Scheduling a Public Hearing for February 2, 2006, at 5:33 p.m., to consider the Petition to Vacate an alleyway, measuring 10 feet by approximately 350 feet (3,500 square feet, or approximately 0.08 acres), in Block 11, Figland Park Subdivision, as petitioned by Bradley and Brandi M. Stefani Geoghagan. 10. Taking the following action concerning roadway improvements for Whitmire Drive and Olive Road: A. Approving the Agreement between the State of Florida, Department of Transportation (FDOT) and Escambia County for roadway improvements on Whitmire Drive, from Atwood Drive to approximately 500 feet north of Olive Road, including the intersection of Whitmire Drive and Olive Road; B. Adopting a Resolution authorizing the Chairman to sign the Joint Participation Agreement (JPA) between the FDOT and Escambia County; and C. Authorizing the Chairman to sign the Resolution and JPA. 11. Taking the following action concerning the Retirement Incentive Policy: A. Adopting the Resolution updating the Retirement Incentive Program for certain classified employees (effective January 1, 2006); (Continued on Page 28) 1/5/2006 Page 27 of 48 lfc

28 COUNTY ADMINISTRATOR'S REPORT Continued I. TECHNICAL/PUBLIC SERVICE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 11. Continued B. Adopting the Resolution updating the Retirement Incentive Program for certain unclassified employees (effective January 1, 2006); C. Approving the Retirement Incentive Policy for eligible employees, effective January 1, 2006; and D. Authorizing the Chairman to sign the Resolutions. 12. Taking the following action regarding the ATM Agreement between Escambia County and Escambia County Employees Credit Union: A. Approving the Agreement to install an ATM on an identified portion of the premises occupied by the Escambia County Department of Public Safety at no cost to the County; and B. Authorizing the Chairman to sign the Agreement. II. BUDGET/FINANCE CONSENT AGENDA Approval of Various Consent Agenda Items Motion made by Commissioner White, seconded by Commissioner Dickson, and carried unanimously, approving Consent Agenda Items 1 through 30, as follows, as amended to drop Item 14 and table Item 25 until the January 19, 2005, Regular Board Meeting: 1. Taking the following action concerning execution of the annual FTA (Federal Transit Administration) Certifications and Assurances documents: A. Authorizing the Chairman to sign the Federal Fiscal Year 2006 Certifications and Assurances for FTA Assistance; (Continued on Page 29) 1/5/2006 Page 28 of 48 lfc

29 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 1. Continued B. Authorizing the County Attorney to sign the Affirmation of Applicant s Attorney; and C. Authorizing Escambia County Area Transit to file these Certifications and Assurances electronically using the federal personal passwords of the Chairman and the County Attorney. 2. Taking the following action concerning Amendments to all existing Joint Participation Agreements (JPA) with the Florida Department of Transportation (FDOT) required by changes to the Single Audit Act: A. Approving incorporating the changes to the Single Audit Act, as outlined in Exhibit 1, to the following JPAs between Escambia County and FDOT: (1) Contract AM045 UWF Trolley Service Development; (2) Contract AN243 Blue Angel Urban Corridor; (3) Contract AN244 Davis Highway Urban Corridor; (4) Contract AM331 Annual Block Grant; (5) Contract AO578 Michigan Avenue Corridor; (6) Contract AO579 COA Service Route Changes; and (7) Contract AM330 Section 5311 Non-Urbanized FTA Funding; and B. Authorizing the Chairman to sign the FDOT Notification Memo. 3. Taking the following action concerning the Fiscal Year 2006 Grant Application for nonurbanized area Federal Transit Administration (FTA) funding, to be used by the Community Transportation Coordinator (CTC) and Escambia County Area Transit (ECAT), to operate the fixed route to Century: A. Approving the Grant Application for up to $381,622 in FTA Section 5311 funding, to be used by ECAT and the CTC in providing enhanced services to citizens in the non-urbanized area of Escambia County; (Continued on Page 30) 1/5/2006 Page 29 of 48 lfc

30 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 3. Continued B. Adopting the authorizing Resolution; C. Authorizing the Chairman to execute the required authorizing Resolution and to sign all required Grant Application documents; and D. Authorizing the ECAT Executive Director to file the appropriate invoices and Project Reports to draw funds for this project. 4. Adopting the Resolution approving Supplemental Budget Amendment Number 66, in the reduction amount of $197,201; the Department of Community Redevelopment, Neighborhood Restoration and the CRA Expendable Trust Fund (683), Cost Centers (220504, , , , and ) and General Fund (001), Cost Centers ( and ), need to be adjusted to reflect the difference in the amount budgeted and the amount collected from property taxes for Fiscal Year Adopting the Resolution approving Supplemental Budget Amendment Number 86, Other Grants and Projects Fund (110), in the amount of $200,000, to recognize and appropriate the allocation of funds associated with the Ashton Brosnaham Florida Recreation Development Assistance Program Grant. 6. Adopting the Resolution approving Supplemental Budget Amendment Number 93, in the amount of $37,304, and appropriating the revenue into the Fiscal Year Budget, Neighborhood and Environmental Services Department, for monitoring of PCB levels in fish, Other Grants and Projects Fund (110); this revenue has been awarded through the Florida Fish and Wildlife Conservation Commission. 7. Accepting, for filing with the Board s Minutes, the Information Report concerning an Interlocal Agreement and Resolution with the Santa Rosa Island Authority for Financing the Reconstruction of Quietwater Pier. 1/5/2006 Page 30 of 48 lfc

31 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 8. Taking the following action concerning surplus and sale of real property located at 915 West Brainerd Street: A. Declaring surplus the Board s real property located at 915 West Brainerd Street (Tax Reference Number 00-0S ), offering this property to the adjacent property owners and authorizing the sale of this property to the highest offer received above the minimum bid of $4,950, without further action of the Board; B. Making a factual determination that in accordance with Section , Escambia County Code of Ordinances: (1) The real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property; and (2) The size, shape, location and value of the property would make it of use to only one or more of the adjacent property owners; and C. Authorizing the Chairman to sign any and all documents necessary to close this sale. 9. Approving the Fourth Amendment to Lease to the Worthless Check Diversion lease at Town and Country Plaza, for 3,012 square feet of space, extending the term from January 1, 2006, to December 31, 2006, at a rate of $2, per month, for lease of Suite 160, with Merchants Square Shopping Center, L.L.C. 1/5/2006 Page 31 of 48 lfc

32 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 10. Taking the following action concerning the exchange of certain real property located in Central Commerce Park Phase I: A. Adopting a Resolution authorizing the exchange of real property owned by the County, described as follows: Lot 9, Central Commerce Park Phase I, Plat Book 17, Page 100, Official Records Book 5517, Page 1390 for Real property owned by Whitten, Inc., Gallows Road, Cantonment, Florida, described as follows: Lot 5, Central Commerce Park Phase I, Plat Book 17, Page 100, Official Records Book 5517, Page 1390, with Whitten, Inc., paying an additional consideration of $7,150 and all closing costs involved B. Authorizing the Chairman to execute the Resolution and all necessary legal documents to complete this action. 11. Taking the following action concerning the First Amendment to the Escambia Charter School Lease: A. Adopting a Resolution approving the First Amendment to the Escambia Charter School Lease, extending the term to May 15, 2009, and as outlined in the decision paper, reducing the lease from $2,500 to $1,500 per month for twenty-four months, due to financial hardship incurred by the Escambia Charter School; and B. Authorizing the Chairman to sign the Resolution and First Amendment to Lease. 1/5/2006 Page 32 of 48 lfc

33 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 12. Taking the following action concerning Economic Development Incentives for Navy Federal Credit Union Phase III, an Economic Development Prospect: A. Adopting a Resolution establishing the Board s intent to adopt an Ordinance for an Economic Development Ad Valorem Tax Exemption (EDATE) for Navy Federal Credit Union Phase III, for 100% of their expansion for up to ten years; B. Adopting a Resolution approving Navy Federal Credit Union Phase III as a qualified applicant for the Florida Qualified Target Industry Tax Refund Program, and providing a 20% local participation in the tax refund through a local EDATE, in the amount of $342,600, over a four-year period from ; and C. Authorizing the Chairman to execute the Resolutions. 13. Taking the following action concerning approval of the Fiscal Year Miscellaneous Appropriations Agreement for Naval Aviation Museum Foundation, Inc.: A. Approving the Miscellaneous Appropriations Agreement for $100,000 to be paid from the 4th Cent Tourist Development Tax (Fund 108, Cost Center ); B. Authorizing the Chairman to sign the Agreement and all other necessary documents; and C. Authorizing the execution of the necessary Purchase Order. 1/5/2006 Page 33 of 48 lfc

34 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 14. Dropping the recommendation that the Board take the following action concerning surplus and sale of a portion of real property located in River Gardens Subdivision, Account Number : A. Declare surplus a portion the Board s real property located near Baywater Drive in the River Gardens Subdivision (Tax Reference Number 02-1S ), previously acquired through Warranty Deed, and offer this property to the adjacent property owners, described as follows: A portion of Parcel "B," Block "A," River Gardens 1st Addition, further described as follows: commence at the southeast corner of Lot 29, Block "A," River Gardens 1st Addition, as recorded in Plat Book 13, at Page 17, of the Public Records of Escambia County, Florida; thence run north 30 degrees, 44 minutes, 20 seconds, west along the east line of said subdivision, a distance of feet to the Point Of Beginning; thence run south 59 degrees, 15 minutes, 34 seconds, west a distance of feet to the west line of Parcel "B" of said Plat; thence run north 30 degrees, 44 minutes, 20 seconds west along said west line a distance of feet to the north line of Lot 28 of said Block "A"; thence run north 30 degrees, 50 minutes, 50 seconds east along said north line a distance of feet to the northwest corner of said Lot 28; thence run south 30 degrees, 44 minutes, 20 seconds east along the east line of said subdivision a distance of feet to the Point of Beginning, containing 2233 square feet (0.05 acres) B. Authorize the sale of this property to an adjacent property owner for not less than $530, without further action of the Board; C. Make a factual determination that, in accordance with Section , Escambia County Code of Ordinances: (1) The real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property; and (Continued on Page 35) 1/5/2006 Page 34 of 48 lfc

35 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 14. Continued C. Continued (2) The size, shape, location, and value of the property would make it of use to only one or more of the adjacent property owners; and D. Authorize the Chairman to sign all necessary documents to complete this transaction. 15. Taking the following action concerning the Emergency Medical Services (EMS) Grant Application effective January 5, 2006, through September 30, 2006, in the amount of $57,054: A. Adopting the Resolution certifying the monies received from the EMS Trust Fund, as the Escambia County Emergency Medical Service Award, are to be used to improve and expand the County s pre-hospital EMS System, and will not be used to supplement EMS budget allocations; B. Authorizing the Chairman to sign the Emergency Medical Services Grant Application and all related documents; and C. Authorizing the purchase of the equipment and commodities outlined in the Grant Application. 16. Taking the following action concerning extension of the Medical Director Contract: A. Approving to waive the six-month notice requirement; and B. Approving to extend the Annual Term Contract, PD , for the purpose of obtaining Medical Director Services with EMS Medical Directors, P.A., for an additional two-year period, in accordance with the provisions of the existing Agreement approved January 23, 2003, revising the expiration date to January 22, /5/2006 Page 35 of 48 lfc

36 COUNTY ADMINISTRATOR'S REPORT Continued II. BUDGET/FINANCE CONSENT AGENDA Continued Approval of Various Consent Agenda Items Continued 17. Accepting, for information and ratification, Emergency Purchase Order Number , to Horton Emergency Vehicles, in the amount of $136,804, for the purchase of an ambulance (to replace a vehicle involved in a traffic accident and declared a total loss); this Emergency Purchase was determined necessary to protect the welfare and safety of the citizens of Escambia County, and ensure receipt of the replacement unit prior to the 2006 hurricane season; this Emergency Purchase request was approved by the Chairman of the Board, in accordance with the Escambia County Code of Ordinances, Chapter 46, Division 3, Section 46-93, Same-Emergency Purchases on/or about December 13, Taking the following action concerning a Sign Grant Program Funding Agreement (approved by the CRA at its Meeting held earlier this date): A. Approving the Escambia County Community Redevelopment Agency Sign Grant Program Funding Agreement between Escambia County CRA and William J. Hubner, Jr., and Charlotte J. Hubner, owners of commercial property located at 303 South New Warrington Road, Pensacola, Florida, in the amount of $1,935, representing an in-kind match through 2004 Community Development Block Grant, Cost Center , Object Code 58301, for the following improvement(s): Repair a sign damaged by Hurricane Ivan; and B. Authorizing the Chairman to execute the Funding Agreement and any other related documents necessary to implement this Grant Award. 19. Taking the following action concerning Escambia County Ex-Oriskany PCB (polychlorinated biphenyls) Artificial Reef Monitoring Project: A. Approving the Grant Agreement between Escambia County Board of County Commissioners and the Florida Fish and Wildlife Conservation Commission, in the amount of $37,303.87, from date of execution to December 28, 2007; (Continued on Page 37) 1/5/2006 Page 36 of 48 lfc