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

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1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD JUNE 15, 2000 BOARD CHAMBERS, THIRD FLOOR, ESCAMBIA COUNTY COURTHOUSE 223 PALAFOX PLACE, PENSACOLA, FLORIDA (5:30 p.m. pm. - 11:27 p.m.) pm.) Present: Commissioner D. M. "Mike" Whitehead, Chairman, District 1 Commissioner Willie J. Junior, Vice Chairman, District 3 Commissioner Thomas G. "Tom" Banjanin, District 4 Commissioner Michael T. "Mike" Bass, District 2 Commissioner Wilson B. Robertson, District 5 (Left the Meeting at 11:10 p.m. pm. and did not return.) Honorable Ernie Lee Magaha, Clerk of the Circuit Court Mr. Thomas L. Forrest, Interim County Administrator Mr. David G. Tucker, County Attorney Ms. Marilyn Gingrey, Deputy Clerk to the Board CALL TO ORDER Chairman Whitehead called the Regular Meeting of the Board of County Commissioners to order at 5:30 p.m., in Board Chambers, Third Floor, Escambia County Courthouse, 223 Palafox Place, Pensacola, Florida. He said Commissioner Banjanin would lead the invocation and Commissioner Robertson the pledge of allegiance to the Flag. ADOPTION OF THE AGENDA AS PREPARED AND DULY AMENDED Chairman Whitehead asked if any items were to be added to the agenda. Commissioners Robertson, Banjanin, Bass, and Junior each said he did not have any items to add to the agenda. Chairman Whitehead said two items from staff to add to the agenda concerned a lawsuit against Enterprise Marine Services, Inc., and a proposed Emergency Ordinance to ban fireworks and outside burning. 6/15/ blb

2 Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, adopting the agenda as prepared and duly amended. APPROVAL OF MINUTES Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, approving the Minutes of the Regular Board Meeting held May 4, COUNTY ADMINISTRATOR S REPORT - Interim County Administrator Thomas L. Forrest I. CONSENT AGENDA 1. Adoption of a Proclamation After requesting Mr. Roger D. Ellis to approach the lectern, Interim County Administrator Forrest read the Proclamation in honor of Mr. Ellis retirement. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, adopting the Proclamation commending and congratulating Mr. Roger D. Ellis, Construction Maintenance Supervisor II, ll, Facilities Management Department, on his retirement. Mr. Ellis said he thanked the Commissioners, and he commented briefly. PRESENTATION OF THE 1999 ESCAMBIA COUNTY ANNUAL REPORT Retiring County Administrator Evans said his keynote letter would be a part of the written Annual Report of Escambia County for 1999, which would be provided later, and he commented briefly, after which the Commissioners viewed a computer-generated presentation, provided through the technical assistance of Mr. Tim Tima-an, Chief, Technical Services Department. 6/15/ blb

3 WRITTEN COMMUNICATION 1. Approval to Draft a Resolution Concerning Public Beach Access on Perdido Key Mr. Steve Wineki, Garcon Boulevard, said he was concerned regarding the prohibition of beach access on the Perdido Key public beach area, and he had some documents to submit for the record. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, accepting, for filing with the Board s Minutes, copies of seventeen (17) pages of documentation concerning public access to the beaches which was being denied to the public due to recent attempts to protect the endangered Perdido Key Beach Mouse, as presented by Mr. Steve Wineki. Mr. Wineki said in 1985 the U. S. Fish and Wildlife Service had deemed the Perdido Key public beaches; i.e., Johnson Beach, Perdido Key State Reserve, and the Gulf State Park Area in Baldwin County, Alabama, as critical habitat areas for the endangered species Perdido Key Beach Mouse. He said no action had been taken for fifteen years concerning the preservation of the species; however, the Fish and Wildlife Service performed an environmental assessment concerning that area, in light of recent warnings from the Sierra Club. Mr. Wineki said the Fish and Wildlife Service planned to close one-half mile of Johnson Beach Road on Johnson Beach; fence off both the Gulf side and the Sound side, which was the Big Lagoon side; allow only seven access points on the Gulf side and three on the Sound side; and the State Reserve area would be fenced off to the public, allowing access to the paved parking areas only, and he commented concerning the limited number of parking lots and parking spaces that were available. He said more than 1,400 citizens had signed a petition to state their opposition to the prohibition of access to the beach. Mr. Wineki said the petition would 6/15/ blb

4 be presented to elected officials, and Senator W. D. Childers had already stated that he opposed the denial of public access. He said it was his hope that the County Commissioners would support this cause, and he commented concerning a planned meeting with Senator Childers, Representative Jerry Melvin, locally elected officials, State officials, the Department of Environmental Protection (DEP), and the Fish and Wildlife Service. Mr. Wineki said it was his opinion that sufficient political pressure would prevent the road closure and support more access points being built, and he would request the Commissioners officially express their opposition of denial of public access to the beaches. After complimenting Mr. Wineki on his excellent compilation of background information, Chairman Whitehead said he had been aware of this issue and knew that Gulf Islands National Seashore had been created during former U. S. Senator Bob Sikes term in office. He said the documents creating the National Seashore spoke specifically of preservation of the beach for public access, and specific criticism had been offered by the Board of County Commissioners at that time concerning the area being devoted to endangered species or habitats for wildlife, and a significant community debate had occurred. Chairman Whitehead said Federal legislators had promised this would not happen and that the beach front would remain available for public access. He said the argument for protecting the beach mice was that the mice apparently spread the seeds from the sea oats, thereby allowing the sea oats to multiply, and he commented that dune restoration was a more efficient method of ensuring the growth of sea oats. Chairman Whitehead said he would encourage the Commissioners to support Mr. Wineki s request because of the already limited number of places for public beach access, and the Fish and Wildlife s scenario proposed eliminating one-half mile and limiting other access. He said dune crossovers might make the situation compatible for all interests, but access should 6/15/ blb

5 not be eliminated because the County had been assured that this would not happen; however, the Fish and Wildlife Commission had ultimate control. Commissioner Bass asked Mr. Wineki if he had studied the Endangered Species Act, which provided alternatives for beach access as well as shelter and preservation of certain endangered species, and if an alternative plan could be offered to satisfy both concerns. Mr. Wineki said adequate beach existed, at this point, for the beach mice, and the aforementioned meeting with the Fish and Wildlife personnel would cover all the concerns, and he commented briefly. Mr. Court (Courtland V.) Guerin, Ailanthus Drive, said certain areas of the beach recently had been fenced off and signs had been installed that stated, "Hurricane Restoration" in attempts to protect beach mice, and he commented about the lateness in posting hurricane restoration signs for hurricane devastation that occurred two years ago. He said the installation of crossovers would ensure that the dunes would not be touched and the mice would be allowed to flourish. Mr. Guerin said he was concerned that the prohibition of access had been done secretively, and he said citizens who used the park should have a voice, and he commented briefly. Upon inquiry from Commissioner Robertson, Mr. Wineki said he had the written environmental assessment performed by the Fish and Wildlife Service, and he would provide the Commissioners with copies. He said the citizens wanted the one-half mile of road kept open that the Fish and Wildlife Service proposed closing, and wanted to discuss a mutual agreement of more access points. 6/15/ blb

6 Motion made by Commissioner Robertson that the Board direct the County Administrator to get with the appropriate authorities; i.e., Fish and Wildlife Service, Senator W. D. Children, and Representative Jerry Melvin, and that the Board draft something for approval at the next Board Meeting, and he commented briefly. Motion seconded by Commissioner Junior. Commissioner Banjanin said he would like the Resolution to state that the Board wanted to maximize citizen access to the beaches consistent with saving the endangered species. (Action taken later in the Meeting; see below.) ITEMS ADDED TO THE AGENDA IN THE MEETING - COMMISSIONER THOMAS G. "TOM" BANJANIN 1. Approval to Request Shoulder Repair on State Highway 399 on Pensacola Beach Commissioner Banjanin said he would ask that the Federal Government reinforce the shoulders on the road from Pensacola Beach to Navarre, and he commented briefly concerning public access having been prevented on part of Pensacola Beach because the shoulders would not support parked cars. Commissioner Robertson said he would suggest Commissioner Banjanin s request be addressed separately after the Board completed taking action on the beach mouse. (Action taken later in the Meeting; see Page 7.) WRITTEN COMMUNICATION - Continued 1. Approval to Draft a Resolution Regarding Public Beach Access on Perdido Key -Continued Upon inquiry from Interim County Administrator Forrest regarding the Board s request concerning the drafting of a Resolution supporting public access to the beaches at Perdido Key 6/15/ blb

7 while at the same time protecting the endangered beach mouse, Commissioner Robertson said his motion was that the Board vote on a proposed Resolution and that Senator Childers, Representative Melvin and all pertinent individuals and organizations be contacted to ensure the Resolution was consistent with all concerns. There being no further discussion, Chairman Whitehead called for the question, and the motion carried unanimously, directing the County Administrator to contact Senator W. D. Childers, Representative Jerry Melvin, and the U. S. Fish and Wildlife Service, and draft a Resolution, for approval by the Board at its next Meeting, which would be consistent with the position supported by Representative Melvin and Senator Childers as far as maximizing public access to the beaches while being consistent with saving and protecting an endangered species relative to recent actions by the Federal Fish and Wildlife Service which closed a half-mile stretch on Johnson Beach Road to motorized vehicles, erected fences on both the Gulf side and Big Lagoon side area of Perdido Key Beach, and allowed only seven (7) public access points on the Gulf side and three (3) on the Sound side, in an attempt to protect the estimated 100 remaining endangered Perdido Key Beach Mice. ITEMS ADDED TO THE AGENDA IN THE MEETING - COMMISSIONER BANJANIN - Continued 1. Approval to Request Shoulder Repair on State Highway 399 on Pensacola Beach - Continued Motion made by Commissioner Banjanin, seconded by Commissioner Junior, and carried unanimously, approving to send the appropriate communication to the responsible Federal authorities, requesting the shoulders on State Highway 399 on Pensacola Beach be reinforced, from the point where private property ends and Federal property begins for 6/15/ blb

8 the entire length of the Gulf Islands National Seashore, all the way to Navarre, so that cars would be able to park on the shoulders, thus providing additional public access to the Beach, as requested by Commissioner Banjanin. Upon inquiry from Interim County Administrator Forrest, Commissioner Robertson said this communication would not have to be brought back to the Board for approval. ACCEPTANCE OF CERTIFIED AFFIDAVITS ESTABLISHING PROOF OF PUBLICATION Upon inquiry from Chairman Whitehead, the Honorable Ernie Lee Magaha, Clerk of the Circuit Court, advised that proofs of publication had been received by the Clerk s Office for all Public Hearings on the agenda. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, waiving the reading of the legal advertisements and accepting, for filing withe Board s Minutes, the certified affidavits establishing proof of publication for the following five (5) Public Hearings: A. The 5:30 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on June 3, 2000, for consideration of adopting an Ordinance amending Chapter 90, Article II, Division 2, Sections and of Escambia County Code of Ordinances (Ordinance 89-7 and Ordinance 92-30) to expand the County Soccer Center and to construct certain related traffic management improvements at Ashton Brosnaham Park; B. The 5:31 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on June 4, 2000, for consideration of adopting an Ordinance repealing Section 74-4 and amending Section of Article I, Chapter 74 of the Code of Ordinances of Escambia County relating to the regulation of certain waterborne activities in and on Bayou Chico; to include all the navigable waters of Bayou Chico to Pensacola Bay as an "idle speed - no wake zone"; 6/15/ blb

9 C. The 5:32 p.m. pm. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing, advertised in the Pensacola News Journal on June 1, 2000, for consideration of adopting a Resolution approving a plan of finance for a Single Family Mortgage Financing Program by the Escambia County Housing Finance Authority; approving the issuance and sale from time to time of not exceeding an aggregate $400,000,000 Single Family Mortgage Revenue Bonds, (Multi- County Program), by the Escambia County Housing Finance Authority for the purposes of the Program; D. The 5:33 First of two Public Hearings, advertised in the Pensacola News Journal on June 7, 2000, for consideration of adopting an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Land Development Code of Escambia County, Florida, as amended; amending the Official Zoning Map to include a change in the zoning of 313.3± 313.3: acres of Section 33, Township 2 North, Range 31 West, Rezoning Case Z-00-13, for property located on U. S. Highway 29 North, to be used for the County's Central Commerce Park; and E. The 5:34 p.m. pm. Public Hearing, advertised in the Pensacola News Journal on June 7, 2000, for consideration of blocking, on the Board's own motion, Garnet Street (a two-lane local roadway, approximately 700 feet [700'] in length, that connects to Green Street and West Cervantes Street) immediately north of its intersection with West Cervantes Street. ADOPTION OF AN ORDINANCE IMPLEMENTING A 4TH CENT TDT FOR SOCCER CENTER AT ASHTON BROSNAHAM PARK Chairman Whitehead advised the 5:30 p.m. pm. Public Hearing was for consideration of adopting an Ordinance amending Chapter 90, Article II, Division 2, Sections and of Escambia County Code of Ordinances, levying an additional one percent (1%) Tourist Development Tax (TDT) for a total rate of four percent (4%) of each whole and major fraction of each dollar of the total rental charged certain persons who rent, lease, or let for consideration certain living quarters or accommodations for a term of six (6) months or less. Mr. William A. Neron, Assistant County Administrator, said the Board had held a Public Hearing on April 27, 2000, based on a recommendation from the Tourist 6/15/ blb

10 Development Council (TDC) to implement a 4th cent TDT for the purpose of raising $3 million to construct an expanded soccer complex at Ashton Brosnaham Park for up to twenty-four (24) fields that could be used not only for a training site for major league soccer, but also to enhance other recreational soccer opportunities in the community. He said the Board had expressed concern about traffic conditions around the project, and the local soccer community had been concerned as to how this project would affect use of the existing fields at Ashton Brosnaham. Mr. Neron said, based on direction from the Board, staff had negotiated alternatives to these concerns. He said an Agreement had been resolved with the Pensacola Futball Club (PFC) for the six (6) existing fields, extending the PFC s Agreement to the year 2004, acceptable to County staff and the PFC. Mr. Neron said the Board had increased the amount for the project from $3 million to $3.5 million and directed staff to work on traffic management alternatives to improve traffic circulation because of this project, and he commented briefly regarding the large number of vehicles on Ten Mile Road when all twenty-four soccer fields were in use. He said Ten Mile Road was the only access which was a two-lane road between Chemstrand Road and U. S. 29, and staff offered two traffic improvement alternatives, the first of which would be a proposed extension of Ray Street from Chemstrand Road into the Park which would provide an additional access off Chemstrand Road. Mr. Neron said other traffic improvements would be turn lanes at Ashton Brosnaham Road and Ten Mile Road. He said legal staff did not concur with the appropriateness of using TDC funds for the traffic management improvements related to this project, and staff was recommending the Board approve the implementation of the 4th Cent, so that staff could start the flow of 6/15/ blb

11 funds for this pay-as-you-go project; approve the Management Agreement with PFC; approve the project in concept; and authorize staff to begin necessary planning and engineering related to the project; and authorize staff to research other funding alternatives for traffic improvements. Mr. Neron said it would be at least twelve months before any construction would begin on the project because it was a pay-as-you-go project. He said it was important to get the funding established as quickly as possible. Upon inquiry from Commissioner Bass, Mr. Neron said traffic improvements, such as the turn lanes, would not be provided for additional access to Ashton Brosnaham Park if the expansion project was not being undertaken. After comments, Commissioner Bass said it seemed to him that the Board could make the determination that the $500,000 for road improvements could be included in the authorized uses of TDC revenues, and he asked if that was a correct interpretation. County Attorney Tucker said the Tourist Development Statute did not authorize money to be used for streets and roads; however, the Board would argue that the road improvements would be incidental to the soccer construction. He said traffic improvements being incidental would be dependent upon the proposed project not meeting concurrency, and if the project did not meet concurrency, then the Board would have a more compelling argument to make the necessary infrastructure improvements. County Attorney Tucker said an Attorney General s Opinion (AGO) could be requested, but unless there was a concurrency problem, he was of the opinion the Board could not use the TDT funding for the road improvements, and he commented briefly. Commissioner Bass said County Attorney Tucker made a good point concerning concurrency, and at the same time, it was determined after debate at the first Public 6/15/ blb

12 Hearing that the additional access road was for the purpose of ingress/egress to the professional soccer fields. He said, then, the additional access road was for the primary purpose of ingress/egress to the eighteen professional fields, separating local use from professional use. Chairman Whitehead said the traffic analyses assumed local soccer play, for the most part, and bringing in professional sports would significantly increase attendance and, therefore, vehicular traffic. He said basing traffic concurrency on the anticipated numbers associated with professional play, which was the basis for using TDT funding, the TDT funding would be eligible, and he commented briefly concerning the projected increase of traffic on U. S. Highway 29 when the former Soccer Complex opened on that road. Mr. Mark J. Thornton, Director, Parks and Recreation Department, said there was no separation between local use and/or professional use of the soccer fields. He said staff had received standard traffic count information from national soccer associations which identified what traffic a soccer field would generate, and staff calculated the traffic for twenty-four fields at a maximum usage situation. Commissioner Banjanin said there would be no need for road improvements if it was not for the addition of soccer fields, and if the soccer field program was authorized under the TDT funding, then the roads should also be eligible for the funding. He said the road improvements would support safety and traffic movement because of the soccer complex enlargement and road improvements tied directly into the flow, and he commented briefly. County Attorney Tucker said a 1988 AGO opinion specifically stated if traffic improvement was not listed in the Tourist Development Tax Statute, the funding could not 6/15/ blb

13 be used. He said additional traffic improvements were not needed if concurrency was still met, even with the addition of the eighteen soccer fields, and he explained briefly. Commissioner Banjanin said concurrency was for volume and capacity, and that was not the issue; the issue was safety and traffic control because of large volumes of vehicles entering or exiting at certain times. He said it was not for a twenty-four hour capacity purpose, and the only purpose was for the specific flood of attendees of the soccer fields for limited, specific periods of time, and he commented briefly that it was directly tied to the project itself. County Attorney Tucker said it was a legislative function, and he commented briefly. Commissioner Robertson said he would be willing, legislatively, to make that decision and put it to the test. He said he would not support this project without road improvements, and development of this magnitude usually was not allowed to occur when only one egress/ingress existed, particularly with three schools located on Ten Mile Road as well as new subdivisions being developed in the area. Commissioner Robertson said two egress/ingress points were needed, and brief discussion followed. Commissioner Junior said he agreed with County Attorney Tucker, and he commented briefly. He said new subdivisions were being developed in that area and the Board must look to the future and find a way to find the $500,000 for road improvements. Commissioner Junior said he would not vote to enlarge the soccer complex when it would be creating an infrastructure problem, and he commented briefly. Commissioner Bass said, based on his own comments and the comments of Commissioners Robertson, Commissioner Banjanin and Chairman Whitehead, he would make a motion. 6/15/ blb

14 Motion made by Commissioner Bass that the Board approve the amended Ordinance implementing a 4th Cent TDT to finance an amount not to exceed $13.5 million for an expanded soccer center at Ashton Brosnaham Park, to be used as a training facility for major league soccer; approve and authorize the Chairman to execute, subject to legal sign-off, the Agreement with PFC through September 30, 2004; and approve, in concept, and authorize staff to begin necessary planning, design and engineering related to the expanded soccer center; and include his comments and those of Commissioners Robertson, Banjanin, Whitehead and Bass about the Statute related to TDT fund use. County Attorney Tucker said if the Board wished to include the remarks of the Commissioners pertaining to the Tourist Development Tax Statute, he would request the Commissioners make an express finding, legislatively, that the traffic improvements were a necessary incident of the soccer complex. Commissioner Bass said that would be included in his motion. Amended motion seconded by Commissioner Banjanin. Mr. Neron asked if the motion should include the Ordinance as originally drafted which had specific language related to the road improvements, and he commented briefly. Chairman Whitehead said the revised recommendation changed the language, and brief discussion followed after which Chairman Whitehead called upon the speakers. Mr. Carl R. Whitson, III, lll, Tara Dawn Circle, said this situation was all about traffic and not about the purpose of building the soccer complex, and he commented briefly. Mr. Neron said the main purpose of building the improved soccer complex was to entice major league soccer as a training facility for major league soccer; provide a facility for tournaments for recreational soccer events, and provide basic recreational soccer. He 6/15/ blb

15 said due to the lack of soccer fields because of the former Pensacola Soccer Complex closing, a serious need existed for additional soccer fields in the community, and this would not only meet the local recreational needs but would also bring major league soccer to the area as a leading economic development tool. Mr. Whitson said the former Pensacola Soccer Complex had attempted to attract major league soccer teams to Escambia County, and that plan had failed. He asked how the quality of life for the citizens of Escambia County would be increased as a whole. Mr. Neron said a major difference between this proposal and the former, privately owned Pensacola Soccer Complex operation was that the private complex had to have operating revenues to meet both the debt service on the land and the improvements, as well as cover the day-to-day operations. He said TDT funding would pay for all of Ashton Brosnaham s infrastructure and capital needs, and the day-to-day maintenance and operation would be financed through fees and other charges, with a proposal already presented to the Board which demonstrated the break-even standpoint. Mr. Neron said the quality of life of Escambia County s citizens would be improved by creating more recreational opportunities for youth and all citizens to play soccer, which was a major recreational activity in the community. After brief discussion, based on inquiry from Mr. Whitson concerning infrastructure improvements being paid by the 4th Cent TDT funding, Mr. Neron said the intent was that the Board would make a legislative finding that TDT funding could be used for intersection improvements at Ashton Brosnaham Road and Ten Mile Road as well as additional access on Ray Street. 6/15/ blb

16 Mr. Whitson said he would recommend the Board not proceed with this action and instead look to the future. He said if the improvements were not made and the soccer complex was built, the abundance of traffic would be overwhelming, and he commented regarding the Maple Oaks West Subdivision under construction in that area, and brief discussion followed. Mr. Whitson asked what the proposed peak hour volume was when the concurrency evaluation was made. Interim County Administrator Forrest said he would provide a copy of a report concerning traffic concurrency to Mr. Whitson, and brief discussion followed. 6:50 P. M. - COMMISSIONER BASS LEFT THE MEETING TEMPORARILY. Commissioner Robertson said this was an opportunity to install turning lanes to better accommodate other major events which were held at Ashton Brosnaham Park, and which would also better accommodate the many school buses that traversed those roads, plus serve the community for other things, as well. After brief discussion, Mr. Neron said school personnel would strongly support any traffic improvement in the area. 6:52 P. M. - COMMISSIONER BASS RETURNED TO THE MEETING. Upon further inquiry from Mr. Whitson, Mr. Thornton said the equestrian park would be relocated to Mobile Highway, just east of Beulah Road, and the property had been purchased with Local Option Sales Tax (LOST) Fund proceeds. He said the softball fields would also have to be relocated, and athletic field development was already in future year funding. 6/15/ blb

17 Mr. Barry Tweedie, Old Berry Lane, said he was opposed to the proposed 1 Cent increase in TDT and the statutory cap of 4%, and he asked how many acres at Brosnaham would have to be clear cut so that eighteen soccer fields could be built. Mr. Thornton said the areas for the soccer complex were already devoid of trees, except for the equestrian area which would be relocated, but no trees would be removed, and brief discussion followed during which Mr. Thornton identified the exact locations of the soccer fields at Ashton Brosnaham Park by locating them on a chart that was displayed, and he also indicated where road improvements would be located. After inquiry from Mr. Tweedie regarding the County spending TDT funding without having a signed contract or a pledge with any professional teams, Mr. Neron said the Pensacola Sports Association (PSA) had been contacted by Major League Soccer (MLS) and teams were interested in relocating to this type of facility and he commented briefly. Upon further inquiry from Mr. Tweedie, Mr. Thornton said southwestern Escambia County had been identified in the County s Master Park Plan for a regional park facility similar to facilities recently acquired in Cantonment and in Beulah. He said the property had not yet been identified but future year funding identified a multi-purpose recreational facility to be built in that area, which would be 100 plus acres in size. Mr. Tweedie said many residents along Ten Mile Road and homeowners in Maple Oaks Subdivision were of the opinion that any additional traffic on Ten Mile Road would seriously overload the existing roads, and he commented briefly that safety concerns had not yet been addressed. He said he would hope the Commission would put this item on the ballot in November as a referendum item so that the people could have a voice in making this decision, and he commented briefly. 6/15/ blb

18 Ms. Shirley Cronley, Executive Director of the Pensacola Sports Association (PSA), said Major League Soccer (MLS) was in Pensacola when the Pensacola Soccer Complex was in operation. She said Pensacola had been contacted two years ago by an MLS soccer team, to contract for twelve (12) teams to train in Pensacola for two weeks, because the team liked the facilities and the size of the community, and hotels would be utilized, clinics would be given, etc.; however, because of the shortage of soccer fields for the local children s leagues, no facilities were available for MLS teams. Ms. Cronley said the new Ashton Brosnaham facility would be able to accommodate the professional teams, and many communities throughout the State of Florida have used the TDT funding to build such facilities. She said, further, a signed contract was not needed, according to the Statute, to utilize the TDT funding, and the requirement was that the facility be built to meet the standards of the Statute. Commissioner Robertson asked if the PFA was satisfied with the contract that was negotiated for the PFA. Mr. William J. Fedowich, President of PFA, said he thanked the County staff for their efforts and the PFA was satisfied with its contract (Agreement). Commissioner Bass said, based on the Public Hearing just held, he would make a motion that the Board approve the proposed Ordinance implementing the 4th Cent TDT to finance an amount not to exceed $3.5 million for an expanded soccer center at Ashton Brosnaham Park and the related road improvements so that the Center could be used as a training facility for major league soccer; and that the finding of the legislative body for Escambia County, the Escambia County Commission, find that were it not for the soccer project, the road improvement would not necessary, and reasons for road improvements 6/15/ blb

19 were safety and traffic control and flow, which would be greatly enhanced as a result of the project being done along with the expansion of the soccer center; approve and authorize the Chairman to execute, subject to legal sign-off, the agreement with PFC which would give the Club the use of six soccer fields through September 30, 2004, under the terms and conditions of the agreement; and approve in concept and authorize staff to get the necessary planning, design and engineering to implement improvements for access to Brosnaham Park, as prepared by the County s Traffic Engineer, for a total estimated cost of $512,400. Motion seconded by Commissioner Robertson. Commissioner Junior said, for clarity, he had no problems with the soccer complex, and his only problem was with the traffic, and he amended the motion to state that although staff stated that the proposed projects meets County concurrency standards, the Commissioners should make certain, by whatever funding source necessary, that the intersection improvements at Ten Mile Road and Ashton Brosnaham Road as well as an extension of Ray Street between Chemstrand Road and Ashton Brosnaham Road be part of the project being implemented. He said, after comments, that the Board should have backup funding if legislative funding was unavailable, and a total of $512,400 was needed for the improvements. Commissioner Bass said he had no problem with including that in the original motion. Amended motion seconded by Commissioner Robertson. Chairman Whitehead said $512,400 was an estimate by Engineering staff. 6/15/ blb

20 After brief discussion, Chairman Whitehead called for the question, and the amended motion carried unanimously, taking the following action concerning Tourist Development Tax (TDT) funding for the expanded twenty-four field soccer center located at Ashton Brosnaham Park: A. Adopting an Ordinance (Number ) implementing a 4th Cent Tourist Development Tax (TDT) to finance an amount not to exceed $3.5 million for an expanded soccer center at Ashton Brosnaham Park and related road improvements, to allow the soccer center to be used as a training facility for Major League Soccer (MLS), as follows: An Ordinance of Escambia County, Florida, amending Chapter 90, Article II, Division 2, Sections and of Escambia County Code of Ordinances (Ordinance 89-7 and Ordinance 92-30); levying an additional one percent (1%) Tourist Development Tax for a total rate of four percent (4%) of each whole and major fraction of each dollar of the total rental charged certain persons who rent, lease, or let for consideration certain living quarters or accommodations for a term of six (6) months or less; providing for allocation of such additional one percent (1%) Tourist Development Tax to design, construct, equip, and expand the County Soccer Center and to construct certain related traffic management improvements at Ashton Brosnaham Park; amending the effective date of termination of Tourist Development Tax; establishing total approximate cost of or expense allocated for County Soccer Center; amending the Tourist Development Plan anticipated Tax Revenue amount; providing for severability; providing for inclusion in the Code, providing for repealing clause; providing for an effective date; B. Approving to make the specific legislative finding that the road improvements are necessary for safety and traffic control and flow and would be greatly enhanced as a result of the project being done, along with the expansion of the soccer center; and finding that if the road improvements cannot be paid utilizing the Bed Tax (Tourist Development Tax), the County will provide the funding; C. Approving and authorizing the Chairman to execute, subject to Legal sign-off, the "Park License And ManagementAgreement" with the Pensacola Futbal Club (PFC) that will give the Club the use of six (6) soccer fields at the Park through September 30, 2004, per the terms and conditions of the Agreement; and 6/15/ blb

21 D. Approving, in concept, and authorizing staff to begin the necessary planning, design, and engineering to implement Alternative 1 - extending Ray Street westerly to Ashton Brosnaham Road; and Alternative 2 - Ten Mile Road/Ashton Brosnaham Road Intersection Improvement; which improvements are for access to Brosnaham Park, as prepared and drafted by the County s Traffic Engineer, at a total estimated cost of $512,400, making certain, by whatever funding source necessary, that Alternative 1 and Alternative 2 be a part of the process of this project being implemented; noting that it might be necessary to utilize condemnation to acquire a portion of the right-of-way right-of way needed for this extension, with a request for authorization for condemnation to be brought back to the Board at a later date, should it be necessary. ADOPTION OF AN ORDINANCE RELATING TO WATERBORNE ACTIVITIES IN AND ON BAYOU CHICO Chairman Whitehead said the 5:31 p.m. pm. Public Hearing was for consideration of adopting an Ordinance repealing Section 74-4, and amending Section of Article 1, Chapter 74 of the Code of Ordinances, related to the regulation of certain waterborne activities in and on Bayou Chico; repealing Section 74-4 slow down - minimum wake zone in Bayou Chico; amending Section idle speed - no wake zone. Commissioner Bass said he would request a letter from Dr. Austin, submitted to all the Commissioners, either be admitted into the record and/or read into the record. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, accepting, for filing with the Board s Minutes, a two-page commentary on no-wake no wake zones by Dr. Bob Austin, which was presented by Commissioner Bass and pertained to the regulation of certain waterborne activities in and on Bayou Chico, including an "idle speed - no wake" zone. After brief discussion in which it was determined that one or more citizens who had signed up to speak were opposed to the no-wake no wake zone, Chairman Whitehead advised staff would provide introductory remarks before hearing from the speakers. 6/15/ blb

22 7:10 P.M. PM. - COMMISSIONER JUNIOR LEFT THE MEETING TEMPORARILY. Mr. Robert K. Turpin, Chief, Marine Resources, said the public workshop requested by the Board was held on June 1, 2000, with approximately fifteen (15) people in attendance, and all speakers except for one were in favor of the proposal to extend the no-wake zone throughout all of Bayou Chico. He said the one speaker in opposition recommended that the proposal be changed to a slow speed - minimum wake zone. Mr. Turpin said staff had made two site visits to the location, addressing safety issues raised in a letter from the Pensacola Shipyard Marine Complex and the Bayou Chico Business Association. 7:11 P.M. PM. - COMMISSIONER ROBERTSON LEFT THE MEETING TEMPORARILY. Commissioner Bass said it was important to understand that part of the successful negotiation of the Parks and Recreation Department s new boat launch project located at the Pensacola Shipyard facilities was the compromise to implement the no-wake zone, when the minimum no-wake zone had been considered and this was acceptable to the people who had environmental concerns as well as those who favored the boat ramp. He said it was an important part of the original and successful negotiation. Mr. James "Rocky" DeSimone, General Manager, Pensacola Shipyard Marine Complex, said he was present to follow up with Commissioner Bass proposal from April when the public/private publidprivate partnership was established that was part of the verbal agreement, and a contract had been negotiated. He said, for the record, the boat launch facility was 65% completed, and he invited the Commissioners to view the facility, and he commented briefly. Mr. DeSimone said the other reason for being present was to spearhead an effort to slow down the increased traffic on Bayou Chico. 7:12 P.M. PM. - COMMISSIONER JUNIOR RETURNED TO THE MEETING. 6/15/ blb

23 Mr. DeSimone said safety was the issue with increased boating on Bayou Chico and everything else was tantamount to that issue. He said with increased boats and the public boat ramp on a private facility, boat traffic will increase, and those boaters who speed must be slowed down. Mr. DeSimone said slower speeds could be effected by enacting the appropriate Ordinance; however, an Ordinance would not be effective unless law enforcement implemented the Ordinance. He said he had personally written a letter to the Escambia County Sheriff s Department, the Pensacola Police Department, and the State Marine Fisheries Department; and had offered them free dockage, free moorage, and free stowage of their trailers. He said the presence of law enforcement on the Bayou would be a deterrent to speeding, and he commented briefly. Mr. Joe M. Loftin, Vice President of the Bayou Chico Association, said he represented 200 neighborhood and business members. 7:14 P.M. PM. - COMMISSIONER ROBERTSON RETURNED TO THE MEETING. Mr. Loftin said the Association recommended the Board adopt the no-wake zone for the entire Bayou. Mr. Nick Moore, Moore Marine Services, said a no-wake zone was needed for safety. He said the law was abundantly clear that each boater was responsible for his/her own wake; however, it was difficult to enforce that law. Mr. Moore said the Florida Marine Patrol was under-budgeted and under-staffed; and the Sheriff s Department did not have a harbor patrol nor a beach unit that was fully budgeted or equipped. After comments, Mr. Moore said the more than $750,000 derived from boat sales in 1998 went to the General Fund, and none towards marine resources. He said in 1999, the County agreed to hire one employee, to be in charge of marine resources, and that employee, Mr. Turpin, 6/15/ blb

24 has not had the time to perform some of his major functions because he has been so busy. Mr. Moore said in the interest of safety alone, tragedies increased as the population increased, and had the presence of law enforcement been on the waterways, many accidents would not have occurred, and he commented briefly. Mr. Moore said the Bahia Mar Marina fire might have been prevented had a mentor s card program been in effect, which he had already discussed with the Commissioners, and he continued to comment. Upon inquiry from Commissioner Bass, Mr. Moore said, as a member of the Marine Resources Committee, the Marine Resources Office could become a totally self-sufficient and income-producing operation for the County, under proper management. Mr. LaVerne Matheson, Edgewater Drive, said approximately 1,500 boats were present on Bayou Chico and probably a minimum of 10,000 boats per year would be present when the new public launching area was opened. He said tug boats also were present on Bayou Chico to do business with MoCar Oil Company, Brown Marine Service, AutoShred and others. Mr. Matheson said although the Corps of Engineers preferred to have no facilities within seventy-five feet of the main channel, some facilities were within twenty feet of the main channel, and this could not be changed; however, it was a hazard to boaters. He said the new public launching ramp would bring new boaters who did not understand the rules of the waterways, nor the responsibilities of a boater, and that needed to be addressed. Mr. Matheson said he hoped the Commissioners would consider ways in which to increase safety for all boaters by implementing some type of speed control, and create a wake zone that could be enforced, and he commented briefly. 6/15/ blb

25 Mr. Bobby Kahn said he owned a small marina on the south shore of Bayou Chico, and it was located east of where the old bridge, now demolished, crossed Bayou Chico. He said this was the narrowest point of the channel of Bayou Chico and without the new launching ramp and with the two dry storage facilities yet in place, a tremendous amount of increased traffic had been witnessed. Mr. Kahn said boat traffic had increased since the old bridge had been removed, and he was in favor of an Ordinance that could enforce and minimize the wake of those boats coming through the Bayou. Mr. Les Westerman, Executive Director of the Northwest Florida Marine Industry Association, said he had some material to submit for the record. Motion made by Commissioner Junior, seconded by Commissioner Bass, and carried unanimously, accepting, for filing with the Board s Minutes, an eight-page document containing excerpts from Florida Statutes and Senate Bill 386, awaiting the Governor s signature, regarding restricted areas of waterways, as presented by Mr. Les Westerman. Mr. Westerman said he was the only dissenter concerning the passage of a no-wake zone, and he proceeded to congratulate the Board on selecting Captain Robert Turpin for the position of Marine Resources Chief, and he commented regarding his experience of working with Mr. Turpin. He said the Northwest Florida Marine Industry Association supported clean, safe, responsible recreational boating, education, and everything that could improve recreational boating. Mr. Westerman said his group supported a speed restriction in Bayou Chico, and he commented that speed restriction areas were outlined in Chapter 327 of Florida Statutes which were about to be revised by Senate Bill 386. He said he agreed with all the speakers, and he wanted the Board to understand exactly what it would be adopting. Mr. Westerman said it was over-restrictive to require all vessels at 6/15/ blb

26 all times throughout the entire Bayou to proceed at a certain speed, and this could not be defended by actual statistics regarding safety, and he commented briefly that there was no supporting evidence, at this point, concerning accidents or congestion, although he knew it was an area that needed some restriction. After further comments, he said the Florida Fish and Wildlife Commission would have to approve the Ordinance, and then the Chapter 120 process would begin. Mr. Westerman said the Ordinance could easily be challenged and even defeated by someone who thought it was overly restrictive for the movement of commercial vessels. He said, however, the Ordinance could be easily enforced by taking photographs from a dock, which identified bows of boats which were up, indicating the boat was not fully settled and would be speeding. Mr. Westerman said, also, because the Ordinance was not supported by any evidence of boating accidents, reduced visibility, etc., it would be a weak application to be approved by the Florida Fish and Wildlife Commission and subjected to Chapter 120. Mr. Turpin said vessel speed restriction could be provided by an idle speed - no wake zone, which was a bare minimum speed required to maintain control of a vessel. He said he had experienced situations where he had to slow down his boat to that bare steerage weight for safety reasons, as a licensed U. S. 8. Merchant master who maintained a captain s license; however, a slow speed - minimum wake occurred before one squatted his stern down into the water when his boat was attempting to come up on the plane. Mr. Turpin said it was his opinion that the no-wake zone should extend from the beginning of the entrance to the channel all the way up to the full island. He said the proposed Ordinance was attempting to make the entire Bayou an idle speed - no wake zone, and the northern arm of the Bayou required an idle speed - no wake zone, and he commented 6/15/ blb

27 briefly. Mr. Turpin said education of the public regarding an idle speed versus a slow speed was necessary, and his experience on the water indicated that it would be difficult for the boating public to understand that a slow speed - minimum wake zone was about quarter throttle, and with that amount of throttle, the stern squatted down and a larger wake was provided than at planing speed, and he continued to comment. Upon inquiry from Commissioner Robertson, Mr. Turpin said the difference between slow speed, minimum wake and no wake time would be no more than six to ten minutes, depending on the type of vessel. Upon inquiry from Commissioner Bass, Mr. Turpin said tugboats did not usually generate a wake in a confined space such as Bayou Chico because of using low speeds to make corrections due to the narrowness of the channel, and he commented briefly. Mr. Turpin said that if the letter of the law were to be followed and enforced, problems would be caused, but it had been his experience vessel speeds were not monitored as far as assessing fines or blame, and a prudent mariner would not operate his vessel in a way that provided a scenario for an accident. He said captains of vessels made such determinations. Mr. LaVerne Matheson said he was also a captain, and he read a paragraph from Dr. Austin s letter, which stated that the difference in time from the launching ramp to the entrance at five knots and eight knots was four and one-half minutes; and the difference from Brown Marine Services was two and one-half minutes. He said that increase in time was a small price to pay for safety. Motion made by Commissioner Bass that the Ordinance be approved as presented. 6/15/ blb

28 Motion seconded by Commissioner Junior, and carried unanimously, adopting an Ordinance (Number ) relating to the regulation of certain waterborne activities in and on Bayou Chico, as follows: An Ordinance of Escambia County, Florida repealing Section 74-4 and amending Section of Article 1, Chapter 74 of the Code of Ordinances of Escambia County relating to the regulation of certain waterborne activities in and on Bayou Chico; repealing Section 74-4 slow down - minimum wake zone in Bayou Chico; amending Section idle speed - no wake zone in the waters of Bayou Chico to include all the navigable waters of Bayou Chico to Pensacola Bay; providing for intent; providing for findings; establishing violations of Ordinance to include all navigable waters of Bayou Chico to Pensacola Bay; providing for inclusion in the Code; providing an effective date. C/W AGENDA REVIEW WORKSHOP REPORT - Michael T. "Mike" Bass, Chairman I. CONSENT AGENDA 12. Approval to Purchase Part of Langley Bell 4-H Camp for a Commerce Park Motion made by Commissioner Junior, seconded by Commissioner Robertson, and carried unanimously, with Chairman Whitehead advising there were no speakers, taking the following action concerning an upscale Commerce Park for Escambia County: A. Approving and authorizing the Chairman to execute, subject to Legal sign-off and other certain conditions, an Agreement to purchase, for $1,000,000, approximately sixty-seven (67) acres of land located on the southern perimeter of the Langley Bell 4-H Camp on Nine Mile Road for use as an upscale Commerce Park, with financing to be provided by the Escambia County 4-H Foundation; Foundaflon; B. Authorizing staff to begin a Board-initiated rezoning process to change the zoning on the property to be purchased from Agriculture to ID-CP; ld-cp; C. Scheduling a Public Hearing at 5:31 p.m., pm, on July 20, 2000, for the Board, acting as Trustees for the 4-H Camp, to initiate the appropriate Court review process for this transaction; and 6/15/ blb