r.€¦ · adopt ordinance 16-16 relating to 2016 annual cip update to the cie. the motion was....

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Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS June 7,2016 CALL TO ORDER: The Marion County Board of. County Commissioners met in regular session in Commission Chambers at 9:05 a.m. on Tuesday, June 7, 2'016 at the Marion County . Governmental Complex located in Ocala, Florida. INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by CommissionerZalak and the Pledge of Allegiance to the Flag of ourCountry. 9:00 AM ROLL CALL: .. Upon roll call the following members were present: Chairman Kathy Bryant,. District 2; Vice-Chairman Carl Zalak, District 4;' Commissioner David Moore, District 1; Commissioner Stan McClain, District 3; and Commissioner Earl Arnett, District 5. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator MounirBouyounes. ANNOUNCEMENTS: Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12B). Chairman Bryant introduced Sheriff Emery A Gainey" Marion County Sheriff's Office , (MCSO) , Sheriff Gainey commented on recent changes that have taken place at the MCSO. He advised that the majority of the men and woman who serve are outstanding and work diligently to protect the citizens of Marion County. Sheriff Gainey expressed his appreciation to all veterans for their service. Chairman Bryant advised that the Board is here to support MCSO in any way it can. 1. PROCLAMATIONS/PRESENTATIONS/RESOLUTIONS: Upon motion of Commissioner Zalak, seconded by Commissioner Moore, the Board approved and/or ratified the fOllowing: 1A. PROCLAMATION - Embracing Fatherhood Month - Joelle Aboytes, Circuit 5 Community Development Administrator (Approval and Presentation) The Board presented' the .Proclamation designating, the month of June, 2016 as "Embracing Fatherhood Month" to Christine Sandy. Ms. Sandy advised that she is the Coordinator of Building Better Dads, which is the Fatherhood lnitiatlve Workgrou'p under the Marion County Children's Alliance. She introduced Executive Director Dr. Jordan, Marion County Children's Alliance and Michelle Mongeluzzo, Kids Central. Ms. Sandy stated the organization's goal is to foster positive relationships between fathers and their children. She commented on different programs and activities that will take place throughout the community. Ms. 'Sandy stated upcoming events are listed on the group's Facebook page entitled, "Building Better Dads". Book V, Page 531

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Page 1: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

Official Minutes of MARION COUNTY

BOARD OF COUNTY COMMISSIONERS

June 7,2016

CALL TO ORDER: The Marion County Board of. County Commissioners met in regular session in Commission Chambers at 9:05 a.m. on Tuesday, June 7, 2'016 at the Marion County

. Governmental Complex located in Ocala, Florida.

INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by CommissionerZalak and the Pledge of Allegiance to the Flag of ourCountry.

9:00 AM ROLL CALL: .. Upon roll call the following members were present: Chairman Kathy Bryant,. District 2; Vice-Chairman Carl Zalak, District 4;' Commissioner David Moore, District 1; Commissioner Stan McClain, District 3; and Commissioner Earl Arnett, District 5. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator MounirBouyounes.

ANNOUNCEMENTS: Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12B).

Chairman Bryant introduced Sheriff Emery A Gainey" Marion County Sheriff's Office , (MCSO) , Sheriff Gainey commented on recent changes that have taken place at the MCSO. He advised that the majority of the men and woman who serve are outstanding and work diligently to protect the citizens of Marion County. Sheriff Gainey expressed his appreciation to all veterans for their service. Chairman Bryant advised that the Board is here to support MCSO in any way it can.

1. PROCLAMATIONS/PRESENTATIONS/RESOLUTIONS: Upon motion of Commissioner Zalak, seconded by Commissioner Moore, the Board approved and/or ratified the fOllowing:

1A. PROCLAMATION - Embracing Fatherhood Month - Joelle Aboytes, Circuit 5 Community Development Administrator (Approval and Presentation) The Board presented' the .Proclamation designating, the month of June, 2016 as "Embracing Fatherhood Month" to Christine Sandy. Ms. Sandy advised that she is the Coordinator of Building Better Dads, which is the Fatherhood lnitiatlve Workgrou'p under the Marion County Children's Alliance. She introduced Executive Director Dr. Jordan, Marion County Children's Alliance and Michelle Mongeluzzo, Kids Central. Ms. Sandy stated the organization's goal is to foster positive relationships between fathers and their children. She commented on different programs and activities that will take place throughout the community. Ms. 'Sandy stated upcoming events are listed on the group's Facebook page entitled, "Building Better Dads".

Book V, Page 531

Page 2: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7,2016

Dr. Jordan expressed his appreciation to Ms. Sandy for her hard work.

1B. PRESENTATION - Recognition of Board of County Commissioners for Their Participation in the 1st Annual Celebrity Boxing Match, Held on April 1, 2016 - James Samson, Owner/Operator of Samson's Gym James Samson, Owner/Operator of Samson's Gym, expressed his appreciation to all that have helped with the Broken Wing project. He provided a brief overview of the events that took place during the 1l?t Annual Celebrity Boxing match. Hank Whittier stated members from Stone Creek Veterans, SummerGlenn Veterans, The American Legion, Veterans of Foreign Wars 0/FW), Disabled American Veterans (DAV) and Veterans Helping Veterans (also known as Vets Helping Vets) are present today. Chairman Eugene Poole, Vets Helping Vets, expressed his appreciation to the Board for their support. ' Mr. Whittier thanked each Commissioner for their ongoing support and participation in regard to helping and recognizing local Veterans. Mr. Poole introduce the Veterans present with him today: Commissioner Arnett, Army; Lashawna Brooks, Army; Jason White, Marine Crops; Ryan Sutter, Navy; John Rose, Army; Joe Martone, Navy; Gary Schonsberg Sr., Marine Corps; Ken Menotti, Air Force; Steve Lasburg, Navy; Bob Childs, Air Force; Jose Sabados, Army; James Samson, Marine Corps; Pete Bringham, Army; and Gary, Navy and Army. Ms. Brooks presented the Board of County Commissioners (BCC) with a plaque for their participation in the 1st Annual Celebrity Boxing Match that was held on Friday, April 1; 2016. Mr. Sutter presented Commissioner McClain with a framed quote from Theodore Roosevelt for his dedicated service on behalf.of the Veterans helping Veterans. Commissioner McClain expressed his appreciation for all Veterans. Chairman Bryant recognized all Veterans present in the audience, thanking them for their service.

.Chairman Bryant presented a brief video highlighting Ocala's 1st Annual Celebrity Boxing Benefit to help Vets Helping Vets and the Broken Wing Anti-Bullying Project.

1C. PRESENTATION - Adopt a Shelter Cat Month, Deborah Horvath, Animal Services Director (Presentation only) Animals Services Director Deborah Horvath advised that adoption fees have been lowered in honor of "Adopt a Shelter Cat Month" and all cats arest 0, which includes spay or neuter surgery, rabies vaccine, microchip and County license. She noted the adoption fee is waived for Veterans until the end of June, 2016.

2. GENERAL PUBLIC ITEMS: All members. of the public wishing to speak during the "General Public" portion of the agenda will be limited to two (2) minutes to make their request or presentation and will be heard following scheduled requests, which are limited to five (5) minutes. For unscheduled requests, public comment request forms .are available in the lobby. If the request. 'or matter requires investigation by County staff, the Chairman will refer to' staff for follow-up with the person making the request. 2A. Patricia Reed - Marion County Animal Residents . . Patricia Reed, SE 165th Place, Summerfield, did not appear when called upon to speak.

Page 532, Book V

Page 3: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7,2016

2B.· Burt Eno - Maintenance of Abandoned Property . Burt Eno, SW' 193rd Circle, Dunnellon, presented the Board with a.B page handout containing pictures and information in regard to the former Rainbow Springs Golf Course,

.as well as a 101 page petition in support of an Ordinance relating to real property maintenance in Marion County. ' Mr. Eno commented on the condition of the Rainbow Springs property and the effectit has on surrounding property values. He expressed his support for an Ordinance requiring maintenance of the property.' - . Chairman Bryant advised that the Board will review the. Ordinance, which will be placed on the agenda for discussion at the next Board meeting. . Chairman Bryant passed the gavel to Commissioner Zalak, who assumed the Chair. Commissioner Bryant out at 9:54 a.m .

. 2C. Gene LaCross - Unspecified Topic Gene LaCross" NE 22nd Avenue, .expressed his frustrations with the Environmental Protection Agency (EPA). Chairman Zalak advised that the -BCC has worked extensively writing letters, meeting with department heads and Congressional representatives in regards to the Waters of the US. He stated the Board is heavily involved in lobbying for local municipalities to regulate environmental issues based on how it affects them directly. Chairman Zalak noted he serves on a National Association -of Counties (NACo) Committee for environmental sensitivity and subjects relating to Forests. He commented on EPA rulings as to regulating Forest Roads. in regard to water runoff. Chairman Zalak opined that there should not be a one size fits all rule that applies across the nation, but rather a commonsense approach that allows local government the ability to send' recommendations.' . Commissioner Bryant returned at 9:59 a.rn. Chairman Zalak returned the gavel to Commissioner Bryant, who resumed the Chair.

20. Beverly LaCross - Unspecified Topic Beverly LaCross, NE 22nd Avenue, addressed the Board in regard to statements made by Chairman Lamar Smith, Committee on Science, Space, and Technology, accusing the EPA of secretly trying to take over large amounts of private property throughout the United States. She stated the EPA is using the Clean Water Act to seize property or intimidate land owners with fines and civil penalties. . . Ms. LaCross expressed her opposition to the gold-fringe American flag standing in the Commission. Chambers. . Chairman Bryant noted it is' past the 10:00 hour and public comment will be on hold in order for the Board to address the public hearings after which public comment will resume.

6. PUBLIC HEARINGS (Request. Proof of, Publication) at 10:00 am: Public participation is encouraged. When prompted, please step upto the podium and state your name and address for the record. Please limit your comments to the specific issue being addressed. .'

,6A. PUBLIC HEARING - To Request Approval and Adoption of the Five-Year Schedule of Capital Improvements 2016 Annual Update for FY 2015/2016, through FY 2019/2020 Growth Services Director Samuel Martsolf presented the following recommendation:

Book V, Page 533

Page 4: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7, 2016

Description/Sackqround: Florida Statutes Section 163.3,177(3) requires the county to annually maintain' a Schedule of Capital Improvements for the Five-Year Capital Improvements Program as part of the Capital Improvements Element. (CIE) of the Comprehensive Plan. The CIE Schedule contains projects for facilities and services with a Comprehensive Plan adopted Level of Service (LOS) standard which includes, the following: Potable Water; 'Sanitary Sewer, Transportation, Solid Waste, Stormwater (drainage), Public School Facilities, and Recreation and Open Space. This annual update must be approved' by the Board, but is no longer required to be a formal Comprehensive Plan Amendment that must be reviewed by the Department of Economic Opportunity.

. Budget/Impact None. Recommended Action: Motion to approve the ordinance adopting the 2016 annual update of the Five-Year Schedule of Capital Improvements for FY 2015/2016 through FY 2019/2020. .

Deputy Clerk Lewter presented Proof of Publication of a display ad entitled, "Notice of Annual CIP Update Marion County Comprehensive Plan" published in the Star Banner newspaper on May 24, 2016. The Notice stated the Board will consider adoption of an Ordinance relating to the 2016 Annual Capital Improvements Program (CIP) Update. Growth Services Director Sam Martsolf advised that this is the statutory required annual update to the Capital Improvement Element of the Comprehensive Plan. Chairman Bryant opened the floor-to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Moore, seconded by Commissioner McClain, to adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was unanimously approved by the Board (5-0). Ordinance 16-16 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, PROVIDING FOR FINDINGS; ADOPTING THE 2016 ANNUAL CAPITAL IIVIPROVEIVIENTS PROGRAM (CIP) UPDATE TO THE CAPITAL IIVIPROVEMENTS ELEMENT (CIE) OF THE MARION COUNTY COMPREHENSIVE PLAN, PURSUANT TO SECTION 163.3177(3), FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

6B. PUBLIC HEARING - To Consider an Ordinance Amending Marion County Land Development Code, Article 5, Creating, Division 8, to Provide for a New Overlay Zone, CR 475A,. Visual Enhancement Gateway Development Overlay; Providing for a Unified and Enhanced Buffer, Sign Regulations and Limit the Intensity of Commercial Uses to Those Permitted the B-2 (community business) Zoning for the Designated Overlay Growth Services Director Martsolf presented the following recommendation:

Description/Background: On May 11, 2016; the Land Development Regulation Commission (LDRC) held a public hearing to review, take public comment and provide recommendation to the Board regarding the land development code (LDG) Amendment to create the CR 475A, Visual Enhancement Gateway Overlay Zone. The Board held their first public hearing on the proposed amendment on May 17, 2016. Staff was directed to amend proposed language and return the final draft to this scheduled public hearing for adoption.

Page 534, Book V

Page 5: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

a June 7,2016

The Visual Enhancement Gateway Development Overlay is intended to create an attractive and efficient development pattern in a defined portion of southern Marion County and to regulate the intensity of uses. The draft Overlay District has been reviewed and the Boards amended language will be made available and presented for final review and adoption. BudgeUlmpact: None. Recommended Action; Motion to approve an Ordinance amending Article 5, and

_ adding Division 8 of the Marion County Land Development Code. Deputy Clerk Lewter presented Proof of Publication of a display ad entitled, "Notice of Amendment Marion County Land Development Code" -published in the Star Banner newspaper on May 7, 2016. The Notice stated the Board will consider adoption of an Ordinance amending the Land Development Code (LDC). Mr. Martsolf stated this is the final hearing for Division 8, amending the LDC involving the visual enhancement overlay zone. He advised that 2 changes have been made to the Ordinance since it was last presented to the Board: 1) The removal of the fence as a requirement, which is now shown as optional in the diagram, but if provided will be either black, white or-neutral in-color; and 2) The oak tree requirement has been changed to shade tree. ­Chairman Bryant opened the floor to public comment. Roger Knechtel, SE 97th Terrace Road, Summerfield, questioned if the county planned to take rights-of-way (ROW) on the east side of CR 475A to create a buffer. Mr. Martsolf stated there has never been any plans in place to take ROW from CR 475A, noting that if the surrounding properties decide to develop, the ROW may then be required to be widened. In response to Mr. Knechtel, Chairman Bryant advised that this is the second hearing on this matter. Michelle Shearer, SE 85th Street, expressed her support for the overlay zone, but urged. the Board to keep the requirement for Live Oak trees. She stated this project will set a precedence for future development. Mr. Minter advised that the word "corridor" referenced in Section 5.8.1 should be replaced by "overlay", noting there are specific requirements for corridor ordinances. Mr. Minter advised that he is unclear as to the lead-in paragraph of Section 5.8.4, which states, "the following are permitted land uses within the overlay zone located east of US Interstate 75 and west of the current, or future; easterly boundary of the right-of-way of CR 475A, (i.e., these limitations shall not apply to land uses lying east of the current for future easterly boundary right-of-way of CR 475A)". He noted the portion in parenthesis state that the limitations do not apply to land uses lying east of the current eastern boundary of CR 475A, which seems to contradict itself within the same sentence. Mr. Minter notes the language also says, "The following are permitted" and then says, "these . limitations". Generally speaking, what is permitted is not a limitation. He asked staff to clarify. Mr. Martsolf advised that it is a clarification of Section 5.8.3 that laid out the boundary for the overlay zone for the uses, noting there was a use restriction placed on the overlay zone and the owner of the largest property east of CR 475A was concerned that they did not want to have the same land use restrictions applied to their property, in any form. He commented on the required buffer that is included in the description of the overlay zone requiring that enhanced buffer. Mr. Martsolf noted the use restriction stops at the western

Book V, Page 535

Page 6: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7,2016

line. He stated he has proposed language, that only encompasses the western boundary of CR 475A. ' Mr. Bouyounes addressed the language and the way it is written in the description, which includes all the property from CR 475A, west, and the entire ROW widths of CR 475A. Mr. Minter noted the restrictions do not apply to the easterly ROW boundary. He stated the language can be changed to clarify. Chairman Bryant concurred and 'noted the wording in' Section 5.8.1 will also be changed' from corridor to overlay. Mr. Martsolf agreed. . . It was noted that Section 5.8.4 Permitted Uses was changed as follows:

The following are permitted land uses within the overlay zone located east of US Interstate 75 and west of the current, or future, right-of-way of CR 475A: .

Nan Bonfield, SW 16th Avenue, expressed her support for allowing the developer to decide the type of shade tree to provide. She stated her only concern is that the buffer will become too cluttered. Henry Munoz, Marion Oaks Boulevard, urged the Board to postpone the decision until the next regularly 'scheduled Board meeting, which will allow people time to review the changes'. Chairman Bryant advised that staff is only clarifying language today, but the intent remains the same. Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Arnett, seconded by Commissioner McClain" to adopt Ordinance 16-17,.8s amended, amending the LDC. The motion was unanimously approved by the Board (5-0). Ordinance 16-17 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, ARTICLE 5, CREATING DIVISION 8, CR 475A VISUAL ENHANCEMENT GATEWAY DEVELOPMENT OVERLAY; CREATING A NEW DIVISION RELATED CREATING AN ATTRACTIVE AND EFFICIENT DEVELOPMENT PATTERN IN A DEFINED PORTION SOUTHERN MARION COUNTY AND TO REGULATE THE INTENSITY OF' USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR FILING WITH SECRETARY OF STATE; AND PROVIDING AN EFFECTIVE DATE.

6C. PUBLIC HEARING - To Consider Ordinance Repealing Ordinance No. 03-28 Which Created the Marion County MSTU for Emergency Medical Transportation Services County Attorney Matthew G. Minter presented the following recommendation: '

Description/Background: The purpose of this repeal is to remove this fund from the County Budget, as the Board of County Commissioners have not been using this fund for several years and the fund has not been depleted to zero. Budget/Impact: None. Recommended Action: Motion to approve and authorize Chairman and Clerk to execute.

Deputy Clerk Lewter presented Proof of Publication No. A000889242 entitled, "Notice of Public Hearing" published in the Star Banner newspaper on May 20, 2016. The Notice

Page 536, Book V

Page 7: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7,2016

stated the Board will consider adoption of an Ordinance repealing Ordinance 03-28 relating to the Marion County MSTU for Emergency Medical 'Transportation Services. Mr. Minter advised of a Scrivener's error, in the memo, which should state the fund has been depleted to zero. He stated the fund is no longer needed; therefore, the Ordinance needs to be repealed. ,, Chairman Bryant opened the floor to public comment. Roger Knechtel, 'SE 97th Terrace Road, Summerfield, questioned the reason the fund is no longer in use. Chairman Bryant advised that funds are' no longer being collected for the MSTU for Emergency Medical Transportation Services; therefore, the fund is no longer needed. ' , '" Commissioner Zalak stated the county took over Emergency Medical Transportation Services in 2008 from a private company and it is now part of the General Fund expenses. Chairman Bryant advised that public comment is now closed. A motionwas made by Commissioner Moore, seconded by Commissioner McClain, to adopt Ordinance 16-18 repealing Ordinance 03-28.: The motion was unanimously approved by the Board (5-0). Ordinance 16-18 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RELATING TO THE MARION COUNTY MUNICIPAL $ERVICE TAXING UNIT (MSTU) FOR EMERGENCY MEDICAL TRANSPORTATION SERVICES, REPEALING ORDINANCE NO. 03-28, AS CODIFIED AT ARTICLE XLIII, SECTIONS 12-701 THROUGH 12-708 INCLUSIVE, OF THE MARION COUNTY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.' '

60. PUBLIC HEARING - To Consider an Ordinance Relating to the Economic Development Financial Incentive Grant/Sec. 10-4 County Attorney Minter presented the following recommendation:

Description/Background: ,The ordinance amends Section 10-4 of the Marion County Code of Ordinances in order to reflect organizational changes. Budget/Impact: None. ' Recommended Action: Motion to approve and authorize Chairman' and Clerk to execute.

Deputy Clerk Lewter presented Proof of Publication No. AOP0889244 entitled, "Notice of Public Hearing" published in the Star Banner newspaper on May 20, 2016. The Notice stated the Board will consider adoption of an Ordinance amending the Marion County Code of Ordinances. Mr. Minter advised that the Ordinance is being proposed to recognize changes that have been made in the county organization under the County Administrator. He rioted the Office of Economic and Small Business Development is no longer utilized; therefore, the Ordinance has been changed to reflect the deletion of that term and to reflect the program

.will be managed by the County Administrator or his designee. Mr. Minter stated Clerk Ellspermann recommended adding additional language to page 5, paragraph 3, to include the phrase "or as 'specified in the contract" after the final sentence requiring an annual performance review. This will allow the county to decide how frequently they would like a review'presented on an individual basis. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed.

BookV, Page 537

Page 8: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7,2016

A motion was made by Commissioner Moore, seconded by Commissioner McClain, to adopt Ordinance 16-19, as amended, amending the Marion County Code of Ordinances relating to the Economic Development Financial Incentive Grant (EDFIG). The motion was unanimously approved by the Board (5-0). Ordinance 16-19 is entitled: .

AN ORDINANCE OF THE BOARD OF COUNTY COIVIMISSIONERS OF MARION COUNTY, FLORIDA, RELATING- TO THE ECONOMIC DEVELOPMENT FINANCIAL INCENTIVE GRANT ORDINANCE· AS CODIFIED AT SECTION 10-4 OF THE MARION COUNTY CODE OF ORDINANCES; AMENDING SECTION 10-4 OF THE MARION COUNTY CODE OF ORDINANCES IN ORDER TO REFLECT ORGANIZATIONAL CHANGES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

6E. PUBLIC, HEARING - To Consider' an Ordinance Relating to the Economic Development Infrastructure Grant/Sec. 10-7 County Attorney Minter presented the following recommendation:

Description/Background: The ordinance amends Section 10-7 of the Marion County Code of Ordinances in order to reflect organizational changes.. Budget/Impact: None. Recommended Action: Motion to approve and authorize Chairman and Clerk to execute.

Deputy Clerk Lewter presented Proof of Publication No. A000889243 entitled; "Notice of Public Hearing" published in the Star Banner newspaper on May 20, 2016. The Notice stated the Board will consider adoption of an Ordinance amending the Marion County Code of Ordinances. Mr., Minter advised that changes have been made to reflect the County Administrator or his designee will manage the program. He stated page 2 of the Ordinance changes an account number to reflect the current account that is ,being used for the program. Mr. Minter recommended removing the words "and the internal audit division of the Marion County Clerk of Court" and "jointly" from page 3 paragraph 5. Clerk Ellspermann advised that by removing this language it will create a separation of responsibilities, allowing them to follow up and perform the audit. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to adopt Ordinance 16-20 amending the Marion County Code of Ordinances relating to the Economic Development Infrastructure Grant (EDIG). The motion was unanimously approved by the Board (5-0). Ordinance 16-20 is entitled: '

AN ORDINANCE OF THE BOARD OF COUNTY COIVIMISSIONERS OF MARION COUNTY, FLORIDA, RELATING TO THE ECONOIVIIC DEVELOPMENT INFRASTRUCTURE GRANT (EDIG) ORDINANCE AS CODIFIED AT SECTION 10-7 OF THE MARION COUNTY CODE OF ORDINANCES; AMENDING SECTION 10-7 OF THE MARION COUNTY

. CODE OF ORQINANCES IN ORDER TO REFLECT ORGANIZATIONAL CHANGES AND .ACCOUNT INFORMATION; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

2E. Pamela Ayers - Unspecified Topic

. Page 538, Book V

Page 9: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June?,2016

Pamela Ayers, NE 22nd Avenue,.did not appear when called upon to speak. Commissioner Moore out at 10:28 a.m.

2F. Janet Barrow - Sabal Trail- Pipeline Janet Barrow, PO Box 370, Dunnellon, commented on the Sabal Trail Pipeline. She urged

.the Board to require a supplemental environmental impact statement from the Army Corps of Engineers. .

. Commissioner Moore returned at 10:29 a.m. County Engineer Tracy Straub advised that representatives from Sabal Trail met with staff; who provided a PowerPoint presentation overview of the project. She stated they walked the route, but did not access any private property, noting Sabal Trail is still in property negotiations with residents. Ms. Straub commented on missing information not revealed on the maps provided bySabal Trail. She gave a brief overview of land concerns addressed with representatives, In response to Ms. Barrows, Ms. Straub advised that staff was not able to access the ranch property during their walk-through. . Ms. Straub stated correspondence between Chairman Bryant, the Army Corps of Engineers and Sabal Trail Transmission, LLC concerning the construction of a gas transmission main through Marion County can be viewed on the County website at www.marioncounMI.org. Ms. Barrow expressed her concern for the wildlife affected by the pipeline project. She presented a 3 page handout to the Board, which includes a map of karst land along the pipeline trail. . Ms. Barrow provided abrief overview of information that.has been omitted from maps and reports provided by Sabal Trail. She expressed her concern with the permitting process, noting there is a roadway in an adjoining' county which is constructed directly overa cave. Commissioner Zalak out at fO:44 a.rn.

2G. General Public Comment (Limited to2 Minutes Each Speaker): Katrina Garvin, Oklahoma Street, Oviedo, addressed the Board in regard to creating an Ordinance requiring the use of bear proof containers and a Resolution opposing the Florida Fish and Wildlife Conservation Commission (FWC) sanctioned bear hunt. She presented a 1 page handout entitled "Floridians United to Save Our Bears" and a 2 page article written by Hillsborough County Commissioner Stacey White for the Tampa Bay Times. Commissioner Zalak returned at 10:46.a.m. Ms. Garvin commented on other municipalities who have passed Resolutions opposing the bearhunt. Moshe Ramsay, Lake Ridge Circle, Clermont, urged the Board to pass a Resolution banning the black bear hunt in Marion County.' .' . . Fawn Avant, Bonnie Oaks Drive, Fernandina Beach, presented a 14 page handout in regard to the black bear habitat and the recent bear hunt. She requested the Board consider a ban on black bear hunting in the future. . RoqerKnechtel, SE 97th Terrace Road, Summerfield, commented on recent badweather and recent articles in the Star Banner newspaper. Hagan Smith, NW 105th Terrace, addressed the Board in regard to teaching classes on the Constitution in Commission Chambers. He urged the Board to read a book entitled, "Life, Liberty and Property" by Charles Weisman.

Book V, Page 539

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June 7,2016

Cindy Yonge, SE 100t~ Avenue, Summerfield, expressed her concern with the lack of feedback to public comment during the May 17, 2016 zoning meeting. She stated she was unable to make an appointment to discuss her issues privately and was told she would have to address the Board publicly. I Chairman Bryant apologized for the misunderstanding and advised that Ms. Yonge may call and schedule an appointment with any commissioners. . Commissioner Zalak stated the previous zoning meeting was to determine if items would be transmitted to the state. It will not be until the items come back before the Board that there will be a discussion, noting at this point the developer has not given any specifics to the project; therefore, the Board is unable to answer questions. Henry Munoz, Marion Oaks Boulevard, addressed the 'Board in regard to fire hydrants in Marion Oaks. . Chairman Bryant directed staff to follow up with Mr. Munoz. In response to Mr. Munoz, Commissioner McClain advised that the county spends over 4,000 man-hours annually checking the status of fire hydrants, noting it would require additional man-hours to paint each one. Chairman Bryant stated Firefighters are aware of which hydrants have been tested and are working. Commissioner McClain advised that Marion Oaks does have an MSTU and the painting of the hydrants can be included in that budget, noting the work would be performed by a private contractor. Mr: Munoz commented on the Rainbow Springs Golf Course. He noted residents had the opportunity to purchase the golf course and declined. Chairman Bryant clarified that residents are asking for an Ordinance requiring the property owner to mow. Mark Kaprelian, Rainbow Springs Developer, Islesbrook Parkway, Sf. Johns, advised that the property is not being abandoned, but is closed and turning it into open space. He stated he followed the guidance of the county's code planning board. He commented on the ecological impact the golf course has on the community, noting he is no longer using 72 million gallons of water a year or chemicals to treat the grass. Mr. Kaprelian advised that before the course was closed it was offered to residents for $10 a month perparcel, with no interest until the original investment of $2,324,000 was paid back, The residents declined. He expressed his opposition to an Ordinance that dictates the rights of property owners. Hugh Lochrane, SW 193rd Circle, Dunnellon; stated the county needs an Ordinance to protect residents adversely affected by individuals and businesses who ignore their basic responsibilities as property owners. Larry Loffredo, SW 82nd Place Road, Dunnellon, expressed his support for an Ordinance requiring property owners toniaintain their property. Michelle Shearer, SE 85th Street, addressed the Board in regard to the Sabal Trail Pipeline and its adverse effect to tourism on the Greenway. She urged the Board to reconsider the decision to change the overlay zone from Live Oak trees to shade trees. Katarzyna "Kasha" Kozlowska-Eidle, Co-owner Rainbow Springs Golf Course, Islesbrook Parkway, Sf. Johns', commented on negative actions by residents of Rainbow Springs in retaliation to decisions made relating to the former golf course. Dick Gray, SE 17th Place, expressed his opposition to being required to register in order to vote. Chairman Bryant directed staff to bring back the Ordinance relating to Bonds for Board review. '

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3. ADOPT THE FOLLOWING MINUTES: (3 sets) 3A. May 3,2016 A 38: May 3,2016 B 3C. May 9,2016 A motion was made by Commissioner Zalak, seconded by Commissioner McClain, to adopt the meeting minutes of May 3 (2 sets) and 9', 2016. The motion was unanimously approved by the Board (5-0).

4. CONSTITUTIONAL OFFICERS I GOVERNMENTAL ENTITIES: . 4A.Marion County. Sheriff, Emery. Gainey - Request Acceptance and Execution of

Modified Agreements to the 2015-2016 Emergency Management Preparedness Grant (EMPG) Agreement #16-FG-FA-05"'51-01-108 The Board considered the following recommendation from Grants Coordinator Caitlin Edwards, Marion County Sheriff's Office (MCSO):

Description/Background: The Emergency Management Preparedness (EMPG) grant supports local emergency management agencies with annual funds to carry out. emergency planning and operations. The Marion County Sheriff's Office. Emergency Management received $94,872 for the 15/16 FY. There has been a modification to the agreement for $5,500 'more, to make to the total EIVIPG grant funds $100,372. A dollar 'for dollar non-federalmatch, which is provided in the Sheriff's Emergency Management budget is required. Budget Impact: Grant revenue of $5,500; Matching funds provided in the Sheriff's, Emergency Management Budget $5,500 Recommended Action: .

1) Motion to accept the 2015-2016 Emergency Management Preparedness (EMPG) grant modification;

2) Motion to authorize the Board Chair to sign the two original modified agreements.

A motion was made by Commissioner McClain, seconded by Commissioner Zalak, to. accept the 2015-2016 EMPG modification and authorize the Board Chair to sign the Modification #1 to Subgrant Agreement. The motion was unanimously approved by the Board (5-0). .

48. Marion County Sheriff, Emery Gainey - Request to Delegate Application Authority for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program to the Sheriff's Office The Board considered the following recommendation from Grants Coordinator Edwards, MCSO: .

,Description/Background: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution and court programs, prevention and education programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation, and technology improvement programs. The Marion County Sheriff's Office requests that the Board delegate application authority to the Sheriff's Office to prepare and submitthe JAG application as it has

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in previous years. The application will be submitted electronically and is due June 30, 2016. The grant funds will be requested to support the following programs: Marion County Sheriff's Office Organized Retail Thefts & Fraud Overtime - $67,843 Currently, Marion County is experiencing two crime trends that require additional staffing hours in order to take a proactive approach at combating them. The first is Organized Retail Crimes. Our local retailers have observed an increase in retail thefts. Upon conducting follow up investigation our Property Crimes Detectives haver discovered that many of our suspects are irnpactinq .rnultiple stores throughout Marion County. The second trend is Organized Fraud. Once again, follow up investigation revealed thatthe suspects are impacting stores throughout Marion County. Our investigations have also revealed that in many cases the suspects are known burglars that have switched and are now targeting our local retailers. The suspects are typically working in groups and. target multiple stores each day. Due to budget constraints, our deputies and detectives are not permitted to work overtime; therefore they are unable to conduct a thorough enough investigation to locate all the suspects in these groups... Marion County 5th Judicial Court Veterans Treatment Court Program - $18,405 The Mission of the Marion County Veterans Treatment Court (VTC) is to promote public safety while supporting veterans and their families through a coordinated effort among veteran services, community services and the Court, to leave no veteran behind. ' . , The mission is in furtherance of implementing in Marion County, the provisions of the "T. Patt Maney Veterans' Treatment Intervention Act" passed by the Florida Legislature as Section 16 of Chapter 2012-159 of the Laws that was effective July 1,2012. This program division is under the leadership of the Honorable R. James McCune. Budget Impact: Grant revenue of $86,248. (No local match required) Recommended Action:

1) Motion to delegate application authority for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program as described to the Sheriff's Office.

2) Motion to authorize the Board Chair to sign the standard application forms for electronic submission.

A motion was made by Commissioner McClain, seconded by Commissioner Zalak, to delegate application authority for the Edward Byrne Memorial JAG Program as described to the Sheriff's Office; and authorize the Board Chair to sign the standard application forms for electronic submission. The motion was unanimously approved by the Board (5­0).

5. CLERK OF THE CIRCUIT COURT: 5A. Request Adoption of the Following Budget Amendment Resolutions: Clerk Ellspermann stated Item 5A3 will be pulled until consent Agenda Item 7B3. is

. approved. Upon motion of Commissioner Moore, seconded by Commissioner McClain, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann: . 5A1. 16-R-175 - General Fund - Animal Services - $55,500 5A2. 16-R-176- General Fund - Community Services/CDBG - $1,000,000

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5A3. General 'Fund, - Facilities Management - $34,225 was pulled for discussion with Consent Aqendaltem 7B3 5A4. 16-R-177 - General Fund - Planning and Zoning - $3,000 5A5. 16-R-17.8- General Fund - Sheriff ErnerqencyManaqement- $5,500 5A6. 16-R-179 - MSTU for Law Enforcement- Sheriff Patrol & CID - $9,704 5A7. 16-R-180 - Silver Springs Shores Special Tax District -' Silver Springs Shores

.Recreation' Facility - $7,150 ' 5A8~ 16-R-181 - Series 2016A CapltalProjects Fund- Improvements 2016A - $452,782 (Ed. Note: MSTU is the acronym for Municipal Service Taxing Unit; and CID is the acronym for Criminal Investigation Division.)

58.. Present Memorandum from John W. Garri, Finance Director, Regarding the Governmental Accounting Standards Board (GASB) Statement 68 Clerk Ellspermann presented the following memorandum dated May 10, 2016 from Finance Director John W. Garri:

I have' previously advised you that Marion County was required to implement GASB Statement 68 during fiscal year 14-15. This statement requires us to record an amount representing Marion County's share of the Florida Retirement Systems (FRS) Net Pension Liability (NPL) in the entity wide statements of the Comprehensive Annual Financial Report (CAFR) for governmental funds and at the fund level for our enterprise funds (Solid Waste and Utility). The attached charts reflects information recently received from the FRS relating to fiscal years 12-13,13-14 and 14-15. . As depicted in the attached' charts, Marion County's total share of the NPL

. increased from $65,709,255 in FY 13-14 to $103,786,649 in FY 14-15. As you can see on the charts, there are separate liabilities provide for pension (FRS) and Health Insurance Subsidy (HIS). The amounts reflected in the attached chart have been utilized in the FY 14-15 CAFR.

(Ed. Note: FY is the acronym for fiscal year.) Chairman Bryant passed the gavel to Commissioner Zalak, who assumed the Chair. Commissioner Bryant out at 11:30 a.rn.

. Finance Director John Garri presented the Board with a 1 page handout entitled "GASB 68 Talking Points". He gave a brief overview of the financial impact GASB 68 will have on the county. . Mr. Garri advised that the reason the Comprehensive Annual Financial Report (CAFR) was delayed was because the county had to wait for the number to be received from the Florida Retirement System (FRS). He noted as of June 30,2015 FRS is 92 percent (%)

'funded. In response to Commissioner Moore, 1VIr. Garri stated staff is unsure how GASB 68 will affect the county's rating. Chairman Zalak questioned the impact GASB 68 will have on operations. Mr. Garri stated the fund impact is low. Commissioner Bryant returned at 11:38 a.m. '

.Chairman Zalak returned the gavel to Commissioner Bryant, who resumed the Chair. Mr. Garri advised that to his knowledge, all states are adopting GASB 68, with the exception of Texas. He' stated· if Marion County does not comply with these standards they will not be awarded a clean audit. In response to Commissioner McClain, Mr. Garri opined that GASB 68 will not affect the

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June 7, 2016

counties borrowing abilities in the future, noting interest rates are market driven.

5C. Request Approval of the Communications Service Tax Agreement for Access to Confidential State Tax Information (Budget Impact - None) Clerk Ellspermann presented the following recommendation from Finance Director Garri:

Description/Background: On May 5th , 2016, The Florida Department of Revenue sent an email (attached) to John Garri, Finance Director, requesting that Marion County renew the Communication Service Tax (CST) Agreement for Access to Confidential State Tax Information. The email requests Marion County to complete the attached Communications Service Tax Agreement for Access to Confidential State Tax Information. . This agreement, which has been reviewed by County Administration, the Clerk of the Court and _the' County Attorney's Office, designates John Garri, Finance Director, as the primary Marion County representative to receive password and other user identification information related to the CST Information Sharing website. The agreement also authorizes Sachiko Leon, Internal Auditor, to access

. this Information Sharing website for official purposes. Mr. Garri and Ms. Leon have both signed the addendum to the agreement as required. Budget Impact: None. . Recommended' Action: Request authorization for Chairman to execute the attached Communication Service Tax Agreement for Access to Confidential State Tax Information.

A motion was made by Commissioner Zalak, seconded by Commissioner McClain, to approve and execute the Communications. Service Tax Agreement for Access to Confidential State Tax Information with the Florida Department of Revenue (DOR). The motion was unanimously approved by the Board (5-0).

UPDATE: 1304. Present Constitutional Officers' And Commissioners' Bonds Pursuant To Chapter 137.05, Florida Statutes Clerk Ellspermann referred to the Notation for Record item and advised that it is listed for Board approval of Sheriff Gainey's Bond, which has not been received through his­association. He requested Board approval. to move forward once it has been received.:

7. CONSENT: A motion to approve the Consent Agenda is a motion to approve all recommended actions. All matters on the Consent Agenda are considered routine and will be enacted by one motion. There will be- no separate discussion unless desired by a Commissioner. Upon motion of Commissioner Zalak, seconded by Commissioner Arnett, the Board acted on the Consent Agenda as follows:

7A. Development Review Committee: . - 7A1. Request Approval of Waiver Request for Division of Land - LDC 2.16.1.B(8)(g) ­

Agricultural Lot Split Establishment of County MSBU for David and Kimberly Klinger Property, Parcel #01958-000-01, Project #2016040056, Application #18590, Kyle Peterson The Board accepted the following recommendation as presented by Growth SerVices Director Martsolf presented the following recommendation:

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June 7,201;6

Description/Background: Section 2.16.1.B(8)(g) of the Land Development Code states a County MSBU shall be established for the .maintenance of the improvements created by this division prior to final approval and recordation. A waiver to this provision may only be granted by the Board upon review and recommendation by the DRC. " The applicant requested the waiver to split 10 acres from 184.46 acre parcel and will share the existing driveway. This will be the second subdivision of the parent parcel which makes it unavailable for the one time subdivision exemption to platting. Further, the parent parcel was not a parcel of record and therefore not eligible to do a Family Division. " 'ORC action on May 9, 2016 was to waive many of the Ag Lot Split requirements because this is a single subdivision of the remainder of the large parent tract and the recipient of the division is the son of the current parent owner. The MSBU was not considered necessary since the sinqle division only creates two users. Any subsequent division would be subject to reconsideration. Budget/Impact: None: Recommended ACtion: Motion to uphold the Development Review Committee's approval to allow the agricultural lot split of a single additional-parcel without the creation of-an MSBU for maintenance.

(Ed. Note: MSBU.is the acronym for Municipal Service Benefit Unit.)

78. Facilities Management: 781. Request Approval of 05Q..:036-PA-123 Project Close Out - Construction of Main Building at Roads North Substation' - Ethridge Construction of Marion County, Inc." (Budget Impact - Savings of $3,240.88) The Board accepted the following recommendation as presented by Facilities ManagementDirector Andy Race:

Description/Background: The Board approved a Project Amendment for Ethridge Constructionof Marion County, Inc., to construct the main building at the Roads North Substation during their regular meeting, on December 1~, 2014. Funding for the project was derived from funds as approved in the FY15 Adopted Line Item and CIP budgets. Savings were maximized through utilization of Facllities technical staff to perform the electrical and plumbing work for this project in-house. The project was overseen by Facilities Management staff and. was completed within budget, realizing a project savings of $3,240.88. A project close out meeting was held on May 04, 2016 and it is the

. recommendation that the savings generated from this project remain in the line wherethey currently reside. Attached is the project close out paperwork for review.. Budget/Impact: A total savings of $3,240.88 was turned back in from this project. Facilities Management Department recommends the monies remain in account #105-4121-562102,-Transportation Department/Buildings - CIP. Recommended Action: Request motion to approve reallocation of funds as listed above.

782. Request Approval of 05Q-036-PA-t19" Project Close Out - Dunnellon Airport ­Aviation Administration & Customer Service Building #DUNTERM- Ethridge Construction of Marion County, Inc. (Budget Impact - Savings of $6,614.98)

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The Board accepted the following recommendation as presented by Facilities Management Director Race:

Description/Background: The Board .approved a Project Amendment for Ethridge Construction of Marion County, Inc., to construct the Dunnellon Airport - Aviation Administration and Customer Service Building, Project #DUNTERM, during their regular meeting on October 7, 2014. Funding for the project was derived from a FDOT Joint Participation Agreement for 80% funding for design and construction, with the MCBOCC providing the 20% local match balance. The MCBOCC funds were as approved in the FY13 thru FY15 Adopted Line Item and CIP Budgets. The project was overseen by Facilities Management staff and was completed within budget, realizing a project savings' in MCBOCC funds in the amount of $6,614.98 and non-expended FDOT Joint Participation funds, in the amount of $4,283.89. A project close out meeting was held on May 04, 2016 and it is the recommendation that the savings generated from this project remain in the line where they currently reside. Attached is the project close out paperwork for review. Budget/Impact: The only unused project funds available for possible reassignment are the MCBOCC project savings in the amount of $6,614.98. ' Facilities Management Department recommends the monies remain in account #106-7120­562102 - Dunnellon Airport/Buildings - CIP, for future use. Recommended Action: Request motion to approve reallocation of funds as listed above.

, (Ed. Note: FDOT is the acronym for Florida Department of Transportation; and MCBOCC is another acronym for Marion County Board of County Commissioners)

783. Request Approval of 05Q-036-PA-130 Project Close Out - Animal Services Cat Room Re-Roof, Phase 2 - Ethridge Construction of Marion County; Inc. (Budget Impact ­Savings of$34,225.50) The Board accepted the following recommendation as, presented by Facilities Management Director Race:

Description/Background: The Board approved a Project Amendment for Ethridge Construction of Marion County, Inc., to perform the Animal Services Cat Room Re­Roof Phase 2 during their regular meeting on December 1'; 2015. Funding for the project was derived from funds as approved in Facilities' FY15/16 Adopted Line Item Budget. Design work for this project was completed in FY14/15 and paid for by Animal services. ' Savings were maximized through utilization of Facilities technical staff to perform the related electrical work and moving of the ductless units in-house. The project was overseen by Facilities Management staff and was completed within budget, realizing a project savings of $34,225.50. , A project close out meeting was held on May 04, 2016 and it is the recommendation that the savings generated from this 'project be repurposed to the

, JC2 Cooling Towers project #COOLTW. A Budget Amendment Request is on this same Agenda to realign these funds. Attached is the project close out paperwork for review. Budget/Impact: A total savings of $34,225.50 was turned back in from this project. Facilities Management Department recommends the monies be moved to the JC2 Cooling towers project #COOLTW, account #001-1055-5621.02 #COOLTW3.

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Recommended Action: Request motion to approve reallocation of funds as listed above. .

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to adopt Budget Amendment Resolution 16-R-182 transferring $34,225 from the General Fund to Facilities l\IIanagement (Item 5A3). The motion was unanimously approved by the Board (5-0).

7C. Human Resources: 7C1. Request Approval of the Resolutions for the Reclassification of One (1) Public Information Manager Position, Pay Grade 20, to a Public Relations and Communications Director Position, Pay Grade 26· and the Reclassification of One (1) Bustnesaand Communications Liaison, Pay Grade 19, to a Multimedia Coordinator Position, Pay Grade 19, and the Deletion, of One (1) Public Relations Liaison, Pay Grade 20, within the

. Administration Budget #2140 (Budget Impact - Savings of $44,721.13) . The Board accepted the following recommendation to adopt Resolutions 16-R-183, 16­R-184 and 16-R-185, respectively, as presented by Human Resources (HR) Director Amanda Tart: .

Description/Background: .During the April 5, 2016 Public Information Initiatives Workshop direction was.given to staff to review the current structure of the Office of Public Information. The County Administrator.Assistant County Administrator of. Public Services and Human Resources Director worked.with the staff of the Office of Public Information' to reorganize the Office to better meet the needs of the

. County. The Human Resources Director is requesting the reclassification of the Public Information Manager to a Public Relations and Communications Director; this position is currently vacant. The Public Relations and Communications Director will be responsible for all. activities associated. with Marion County's strategic communications, public relations, education, information and design, including the day-to-day operations of the Office of Public Information. The Human Resources Director is also requesting the reclassification of the Business and' Communications Liaison position to a Multimedia Coordinator. The Multimedia Coordinator will be responsible for creating professional audiovisual and graphic design materials to support County public information; education, relations, campaigns and programs. Along with these reclassifications, it is also requested to delete the vacant Public Relations Liaison position within the Administration Department. Budget/lmpacL Savinqs of $44,721.13 within the Administration budget #2140.: Recommended Action: Motion to approve the attached resolutions and job

.descriptions.

7D. MSTU: 7D1. Request Acceptance of Road Improvement Project into Warranty Period and Authorize the Chairman to Execute Letter to Contractor (Budget Impact - None) The Board accepted the following recommendation as presented by Acting MSTU Director Shawn Hubbuck: ...

Description/Sackqround: The following road improvement project. has been completed and received final inspection. In accordance with the contract, this project is under a warranty period of one (1) year. .

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June 7,2016

PROJECT BID ENGINEER CONTRACTOR DATE COMPLETED

Meadow Wood Farms

14B-072 Rogers Engineering

Art Walker Construction, Inc.

03/11/16

Budget/Impact: None. , Recommended Action: Motion to accept construction of road improvement and

authorize Chairman to execute 'letter advising the contractor of the one (1) year warranty period. .

7E. Procurement Services: . , 7E1. Request for Approval of Sole Source Declaration: 16SS-134, Ergometrics & Applied Personnel Research, Inc., Edmonds, WA (Budget Impact - Neutral; annual expenditure not to exceed $500) The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen:

Description/Background: Marion County Fire-Rescue (MCFR) currently receives its employee candidates from Source2 as well as public job vacancy announcements. When a successful candidate is hired, they are put through a series of skills tests. conducted by the County to approve competency for the selected position. After becoming aware of a progressive and more affordable alternative, Deputy Fire Chief, James Banta is requesting the Board consider Ergometrics as the County's Sole Source provider to not only recruit candidates nationwide but also (at the candidate's expense), offer both the critical physical and aptitude skills testing (currently at the County's expense) using this IAFF­recognized network. This agency is being used by the City of Ocala, The Villages and Alachua and Levy counties to name a few. Budget/Impact: Neutral - The annual cost to subscribe to the service is $500, regardless of the number of candidates the County receives, or hires. Recommended Action: Motion to declare Ergometrics as the Sole Source provider for MCFR's firefighter and emergency response candidates, and to approve the annual subscription until such time, Procurement or MCFR presents other viable alternatives. '

(Ed. Note: IAFF is the acronym for International Association of Firefighters.)

7E2. Request Approval of Task Order for Civil/Site Engineers for Miscellaneous Projects: , 150-051-TO-22, Marion Oaks Wastewater System Master Plan - Pigeon-Roberts and

Associates, LLC, Ocala, FL (Budget Impact - Neutral; expenditure of $124,690.00 as approved in FY 15/16 budget) The Board considered the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: At its May 19, 2015 BCC meeting, the Board approved contracts with ten (10) engineering firms to provide various services for the County under 150-051. Firms can be selected based on area of specialty, or on a rotating basis. Pigeon-Roberts and Associates (PR&A) has been selected for the Marion Oaks wastewater system master plandesiqn supporting the development's sewer collection system, sanitary lift stations and force mains that directly discharge to the new Marion Oaks triplex wastewater pump station. The initial focus is to determine the planning level alternatives for existing 5, 10, 20 year and full build-

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- - -

June 7,2016

out wastewater demands. A copy of PR&A's complete scope is attached for review and will become part of the project file and backup to the purchase order. Budget/Impact: Neutral; services outlined shall not exceed $124,690 as approved in FY 15116 budget. Recommended Action: Motion to approve recommendation and authorize staff to release the purchase order or 15Q-051-TO,.22 for the Marion Oaks Waste water System Master Plan. ­

Commissioner Zalak referenced comments made in regard to this item during public comment relating to fire hydrants in Marion Oaks. Chairman Bryant advised that this agenda item is in regard to master planning. A motion -was made by- Commissioner Moore, seconded by Commissioner Zalak, to approve the purchase order or 15Q-051-TO-22 for the Marion Oaks Waste water System Master Plan. The motion was unanimously approved by the Board (5-0).

7E3. Request Approval of Change Order to Purchase Order 150909: Rainbow Springs 5th Replat Stormwater Retrofit - Davis Dinkins Engineering, P.A., Ocala (Budget Impact - Neutral; Additional expense of $17,168 as approved in FY 15/16 budget) The Board considered the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: At its July 21,2015 BCC meeting, and on behalf of Office of the County Engineer (OCE), the Board awarded the project amendment 150­051-PA-01 to Davis Dinkins Engineering, P.A. for the Rainbow Springs 5th Replat Stormwater Retrofit. Purchase Order 150909 was issued for the work, totaling $89,879. At this time, OCE is requesting a change order to cover modifications to substitute ORA 221-6 for ORA 2165. . ,The change order covers survey, review' of geotechnical Work, and preparation of a portion of the plans. Budget/Impact:' Neutral; $8,987.90 is allowed from the previous PO's contingency. An additional $8,1,80.1 o is required to fund the modifications. Project cost-for this additional work shall not exceed $17,168, which brings the project's total design, permitting, survey, and geotechnical costs to $107,047. Recommended Action: Motion to approve change order, allow staff to process, and authorize the Chairman to execute the change order after the board meeting for PO 150909 to Davis Dinkins Engineering for the Rainbow ,Springs ,5th Replat Stormwater Retrofit project amendment 15Q-051-PA-01.

(Ed. Note: ORA is the acronym for Drainage Retention Area; and PO is the acronym of Purchase Order.) Commissioner Zalak put at 11:43 a.m. . Commissioner Moore questioned the procurement process. Procurement Services Director Susan Olsen advised that a Request for Qualifications (RFQ) was issued last year for an engineer, noting this is normally done for different types of engineering firms, which are placed on a master contract. She stated task orders are usually awarded on a rotating basis. Ms. Olsen stated 'on average a contract last about 5 years, but can vary. Commissioner Zalak returned at 11 :44 a.m. ' A motion was made by Commissioner Moore, seconded by Commissioner McClain, to approve the change'order, allow staff to process, and authorize the Chairman to execute the change order PO 150909 to Davis Dinkins Engineering for the Rainbow Springs 5th

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Replat Storrnwater Retrofit project amendment 15Q-051. The motion was unanimously approved by the Board (5-0).

7E4. Request Approval of Contract Amendments: 05Q-036 Construction Manager ­Ethridge Construction of Marion County, Inc., and 12Q-055 Additional Construction Manager Fabian Dinkins Construction Inc., and Stentiford Construction Services, Inc., All Ocala, FL (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: At its BCC meeting April 19, 2005, the Board awarded the contract for Construction Manager Services to Ethridge Construction of Marion County, Inc. under 05Q-036. At a subsequent June 5, 2012 meeting, the Board also approved contracts to Fabian Dinkins Construction, Inc. and Stentiford Construction Services, Inc. under 12Q-055. Additional requirements are being added to the Construction Manager contracts by this Amendment. Attached for review are the amendments. The additional" requirements pertain to Community Services' Grant funded projects. Additionally, the Fabian Dinkins amendment will formally address the name change from Fabian Dinkins Construction, Inc. to Dinkins Construction, LLC, FEIN #27-0867581. Budget/Impact: None. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute the fifth contract amendment for 05Q-036 with Ethridge Construction and the second contract amendment for 12Q-055 with both Dinkins Construction LLC, and Stentiford Construction Services, Inc.

7E5. Request Approval of Project Amendment for Additional Construction Manager: 12Q­055-PA-06, Marion County Veterans Services Center Ph 1 - Dinkins Construction, LLC, Ocala, FL (Budget Impact - Neutral: expenditure of $379,913.22 as approved in FY 15/16 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: On April 3, 2012 the Board approved contracts with two (2) Additional Construction Managers (CM), the terms of which allow the County to select a CM depending on area of expertise, capacity, or availability. Facilities Management assigned Phase 1 renovations of the Veterans Services Center to Dinkins Construction, LLC. Work includes interior demolition, roof replacement, new windows, and exterior painting. The work is scheduled to be complete within 90 days after issuance of the Notice to Proceed. Attached for review is a draft contract with the fee breakdown attached as Exhibit A. Pending approval at today's meeting it will be forwarded to the CM for execution as written and upon return, will be processed for the County Attorney, Clerk and Chairman's signatures. Budget/Impact: Neutral; expenditure amount is $379,913.22 as approved in FY 15/16Budget., Recommended Action: Motion to' approve recommendation and authorize the Chairman to execute project amendment with Dinkins Construction, LLC for work

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June 7, 2016

under the Veterans Services Center Phase 1 as identified on the scope of 120­055-PA-06.

7E6. Request Approval of Change Order #3 for Purchase Order 160220: Kingsland Country Estates - W~lispering Pines/Forest Glenn Road Improvement Program - Art Walker Construction, Inc., Ocala, FL (Budget Impact - Neutral; additional expense of $10,396.04 as approved in FY 15/16 budget) The Board accepted the following recommendation as presented by Procurement Services Director'Olsen:' .

Description/Background: At its October 6,2015 meeting, and on behalf of Marion County MSTU/Assessment the Board approved bid 15B-t35 Kingsland Country Estates - Whispering Pines/Forest Glenn Road Improvement Program to Art Walker Construction, Inc. to reclaim 'and overlay of approximately 3.45 miles of roadway. Purchase Order 160220 was issued for a total of $542,'300, which included a 10% contingency. At this time, the department is requesting a change order for additional shoulder and swale regrading. . Budget/Impact: Budget impact - neutral; projectcost for this additional work shall not exceed $10,396.14, which brings the project's total to $552,696.04. Recommended Action: Motion to approve change order, allow staff to process, and authorize the Chairman to execute the change order for PO 160220 to'Art Walker Construction, Inc. for Kingsland Country Estates - Whispering Pines/Forest Glenn Road Improvement Program, 15B-135. .

7E7. Request Approval of Purchase over $50,000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: The requisition listed below has been received by Procurement Services and is approved for conformance with the Procurement Code/Manual, pending approval at today's meeting: ­Purchase Order Number 160801/1ES Sales & Service,' LLC - Solid Waste is requesting approval to purchase four (4) compactors, eight (8) 20 CY roll-offs, and four (4)40 CY roll-offsunder 15B-084; unit prices match the contract: $9,125, $3,100, and $4,200, respectively. Total cost $78,100 available in budget line 4270­56410t.. Recommended Action: Motion to approve purchase over $50,000.

7F. Risk and Benefit Services: 7F1. Request Approval of Group Dental Insurance Renewal with Florida Combined Life (Budget Impact - None; Premiums Paid 100% by Employees) The Board accepted the following recommendation as presented by HR Director Tart, HR/Risk & Benefit Services:

'Description/Background: Florida Combined Life (FCL) is the County's current group voluntary dental plan provider. The proposed renewal represents' a 5%

.lncrease based on claims experience and medical trends. FCL provides two dental plan choices, a low option and high option, for employees to choose the plan which most appropriately meets their own individual and family needs. The plan designs and coverage encourage employees to use in-network providers to obtain the most cost effective coverage.

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June 7,2016

. The Group Dental plan is a Voluntary Insurance plan. Employees and retirees pay 100% of the premium. Budget Impact: None. Employees and retirees pay 100% offhe premium which is estimated to be $1,164,987 for FY2017. Recommended Action: Motion to approve Dental Insurance renewal with Florida Combined Life to be effective October 1, 2016.

7F2. Request Approval of RFP 16P-1 06 Workers' Compensation and Liability Third Party .Claims Administration (TPA) Selection Committee Recommendation - Johns Eastern (Budget Impact - Expenditure of $204,750 as included in the FY 1.6/17 Self Insurance budget) The Board accepted the following recommendation as presented by HR Director Tart, HRlRisk & Benefit Services:

Description/Background: A Request for Proposals (RFP) was advertised for a qualified firm to provide Workers' Compensation and Liability Third Party Claims Administration (TPA). There were four (4) submittals received, evaluated, and scored by the Selection Committee consisting of Dana Taylor-Attorney, Sheri Wiley-Risk and Benefits Manager, Robin Robarge-Clinic Manager, Richard Dennis-Risk Liability Asset Analyst and Nancy LaFlamme-Risk Workers' Compensation Benefits Specialist. Proposals were received from Cannon Cochran Management Services, Inc. (CCMSI), Johns Eastern, PMA Management Corp, and USIS, Inc. The top two ranked proposals were Johns Eastern and our current TPA USIS, Inc., both who made final presentations to the Selection Committee. Johns Eastern was selected as the top proposal primarily for their experience with public entity clients, firefighter heart and lung presumption claims and overall administrative services. The contract provides for aggressive management of the County's exposure and claims cost through Cost Containment services, Nurse Case Management and Subrogation Recovery services. These services are charged to the applicable claim file which reflects the appropriate cost and savings to each claim. The contract also includes a two year rate guarantee. Risk and Benefit Services works closely with the Claims Adjusters and the County . Attorney's office to review files and to manage claims and cost. Johns Eastern's proposal includes Nurse Case Management at the onset of every Workers' Compensation claim which should assist us even further in managing the overall exposure and cost of each claim. The proposed fee of $204,750 has been included in the FY2017 proposed budget. The Contract has been reviewed and approved as to form arid legality by the .County Attorney's office. Budget Impact: Expenditure of $204,750 as included in the FY16/17 Self Insurance Budget. . Recommended Action: Motion to approve RFP 16P-106 Selection Committee's recommendation to accept the proposal and contract with Johns Eastern, in the amount of $204,750 to be paid from the Self Insurance Fund, and to be effective October 1, 2016.

7G. Transportation - County Engineer:

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June 7,2016

7G1. Request Approval of a Sale and Purchase Agreement and FS 125 Deed between Marion County and Thomas W Newton & Deborah A Newton for Parcels #5075~040-021, 5075-040-022 & 5075-040-023 (Budget Impact - Revenue of $1,000) The Board accepted the following recommendation as presented by County Engineer Tracy Straub, Office of the County Engineer (OCE): .

Description/Background: This is a request to declare Parcels #5075-040-021, 5075-040-022 & 5075-040-023 located in Forest Lake Campsites as Surplus and approve a Sale and Purchase Agreement between Marion County and Thomas W Newton & Deborah A Newton in the amount of $1,000 plus closing costs. Additionally, staff recommends approval of this sale to an adjacent owner and requests approval of the FS 125 Deed that includes restrictions in accordance with Section 125.25(2) rendering this parcel of use only to an adjacent owner and prohibiting it from being utilized as an individual parcel for the construction of a residential unit. Budget/Impact: Revenue of $1,000- Sale of Surplus Land - 000001 - 0001 ­36400022' Recommended Action: Motion to approve the request to declare Parcels #5075­040-021, 5075-040-022 & 5075-040-023 located in Forest Lake Campsites as Surplus, approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same.

7G2. Request Approval of a 20' Drainage Easement from Marion County to Deer Path North Property Owners Association, Inc. (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE: '

Description/Background: This is a request to approve a 20' Drainage Easement across a portion' of Parcel #3187+000-007 from Marion County to Deer Path North Property Owners Association, Inc., for the future plat of Deer Path North Expansion (Deer Path Phase 4). The perpetual easement will facilitate constructing and maintaining outfall structures, and drainage swale and drainage pipes; and' drains in, upon, through, across and diverting storm water run-off. Deer Path North Property OwnersAssoclation will be responsible for the cost of construction and maintenance of their facilities and any damages that may occur from the use of the easement. Budget/Impact: None. Recommended' Action: Motion to approve the attached 20' wide drainage easement and authorize the Chair and Clerk to execute the same.

7G3. Request Approval of Proposed Speed Limit Change Along the Roadways Within the Deer Path Phase 1 Subdivision (Budget Impact - None) The Board accepted the following recommendation to adopt Resolution 16-R-186 as presented by County Engineer Straub, OCE:

. Description/Background: The residents in the Deer Path Phase 1 Subdivision are requesting a change to the posted speed limits from 30 MPH to 20 MPH throughout

. Phase 1, as shown in the attached map. The requested change is based on consistency with Deer Path Phase 2 and Phase 3. The Office of the County Engineer takes no exception to the change. This is.in accordance with the Florida Statutes,' Chapter 316, that the speed limit reduction

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June 7,2016

on the above mentioned roadway seqmentsis reasonable and consistent with the geometry, topography and the adjacentland use. Budget/Impact: None. Recommended Action: Motion to adopt the Resolution setting the speed limits of the subject roads from 30 MPH to 20 MPH within the Deer Path Phase 1 Subdivision as shown on the attached location map, and authorize the Chair and Clerk to execute the same.

(Ed. Note: MPH is the acronym for miles per hour.)

7G4. Request to Approve an Easement Associated with the Silver Springs Unit 26 Retrofit' Project (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub,OCE:

Description/Background: Request to approve an Easement between the Board of Trustees of the Internal Improvement Trust Fund ofthe.State of Florida and Marion County. This non-exclusive easement is associated with the Silver Springs Shores Unit 26 Stormwater Retrofit Project, which shall include the installation and maintenance of two earthern overflows for the stormwater runoff. Budget/Impact: None. Recommended Action: Motion for approval of the attached Easement associated with the Silver Springs Shores Unit 26 Retrofit Project and to authorize the Chair and Clerk to execute the same.

7G5. Request Approval of the Cost-Share Agreement by and between the St. Johns River Water Management District (SJRWMD) and Marion County for the Enhanced Irrigation Evaluation Pilot Project (Budget Impact - Neutral; expenditure of up to $12,500 as approved in the FY15/16 budget of which 50% will be reimbursed) The Board accepted the following recommendation as presented by County Engineer Straub, OCE:

Description/Background: This is a request to enter into a cooperative funding agreement with SJRWMD for the Enhanced Irrigation Evaluation Pilot Project. This project would modify the current Irrigation Evaluation Program that has been in effect since FY11/12, to allow the irrigation evaluator to make minor repairs/modification to the irrigation system while on site to improve system efficiency and further increase water savings. Budget/Impact: Neutral; expenditure of up to $12,500 as approved inthe FY15/16 budget of which 50% will be reimbursed by the SJRWMD. Recommended Action: Motion to approve the contract and authorize Chairman to execute the agreement for the Marion County Enhanced Irrigation Evaluation Pilot Project.

8. COUNTY ATTORNEY: 8A. Request Approval of Reduction or Release of Civil Restitution Lien for Christopher H. Linkous Chief Assistant County Attorney Daria O. Taylor presented the following recommendation:

Description/Background: On May 26, 2016, the County Attorney received a letter from Jacqueline T. Linkous, ex-wife. to Christopher H.. Linkous, requesting a

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June Z, 2016 '

reduction or release' of her ex-husband's Civil Restitution Lien for Cost of Incarceration recorded on August 2, 2010, atOR BK 5392 PG 1154.:Ms. Linkous is requesting that the lien be reduced or released to allow her to refinance, her home due to financial hardship. The parties were married in December 2000. They

,were divorced 'in April 2006. However, Mr. Linkous' name remained on the title to thecouple's property. ' On October 10, 2009, Christopher H. Linkous was arrested for Driving under the influence, Misdemeanor Second offense. On December 9, 2009, Mr. Linkous was adjudicated guilty and he was sentenced to one (1) day in jail. On June 1, 2010, a warrant was issued for violation of probation. On JLine 24,,2010, Mr. Linkous was adjudicated guilty and sentenced to 120 days. The Court imposed a Judgment of Cost of Incarceration of $6,000.00 (sentence of 120 days x $50 per day). Mr. Linkous was incarcerated from July 1, 2010 through September 15, 2010, a total of 7q days. He has satisfied all other court costs and fines. Budget/Impact: None. ' Recommended Action: Motion to approve' or deny Ms. Jacqueline T. Linkous' request for a Reduction or Release of the Civil Restitution Lien for Christopher H. Linkous. '

Chairman Bryant stated this request for a Reduction or Release of the Civil Restitution Lien definitely has some merit, as the person being punished here is not the person that the lien was imposed against. Commissioner Arnett inquired if the former wife can be released, noting the lien is not against her, but is against the property. He asked if an option is for the lien to be retained in place against the individual, but released off this particular property. Mr. Minter stated a Release of Lien can be provided that specifically relates just to this piece of property. He opined this is what the former wife needs. A motion was made by Commissioner Arnett, seconded by Commissioner McClain, to approve and execute a partial Release of the Lien on Parcel No. 15844-003-03 only. The motion was unanimously approved by the Board (5-0).

WALK-ON: County Attorney Minter presented the following recommendation regarding the' proposed Continuity of Government Plan from Marion County Emergency Management

Description/Background: The primary role of government' is to provide for the welfare of its citizens. The welfare of citizens is never more threatened than during

, 'disasters. The goal of emergency management is to ensure that mitigation, preparedness, response, and recovery, actions exist so that public welfare and safety is preserved. The Marion County Continuity of Government (COG) Plan establishes the framework for ensuring that constitutional responsibilities will be maintained, preserved, and/or reconstituted in the event government. functions become disrupted. By doing so, the COG Plan will facilitate continuation of constitutional authorities so that critical services will not be lost due to government disruptions. Budget Impact: None. Recommended Action: Motion to approve proposed Continuity of Government Plan from Marion County Emergency Management.

Book V, Page 555

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June 7,2016 .

Mr. Minter advised that staff received a proposed Continuity of Government Plan from Marion County Emergency Management. He recommended changing the activation authority of the plan from the County Administrator to the Board. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to consider the Walk-On Item. The motion was unanimously approved by the Board (5-0). Lieutenant Chip Wildy, MCSO, advised that the urgency no longer exists; therefore, the Board can review the item and bring back at the next regularly scheduled Board meeting. Chairman Bryant stated the Plan gives· a detailed chain of command should an emergency arise. She advised it will be placed on the June 21, 2016 BCC Agenda. In response to Commissioner McClain, Lieutenant Wildy advised that in order to get reimbursement from the state or federal government a state of emergency must be declared.

UPDATE: Mr. Minter commented on recent litigation regarding a non jury trial; tort case against the Fire Department, noting Judge Scott ruled in the county's favor and was whereby found non negligent in this case. . He commended Donnita Martin, paralegal, for her assistance.

9. COUNTY ADMINISTRATOR:. 9A. Administrative Updates Chairman Bryant welcomed back Assistant County Administrator (ACA), Jeanie Rickman.

UPDATE: County Engineer Tracy Straub commented on the significant milestone accomplished with the Interchange Justification Report (IJR) concerning the proposed interchange at Interstate 75 (1-75) and NW 35th Street/49th Street alignment. Juan Guerra, NE 3rd Street, stated the project began 7 years ago, noting this is the first interchange Marion County has had in over half a century. He advised that the economic impact will be approximately $200,000,000 over the next 20 years'. Mr. Guerra expressed appreciation to staff and contractors who participated in the project.

98. Request Adoption of the Collective Bargaining Agreement Between the Professional Firefighters of Marion County,' Local I.A.F.F. 3169, Supervisory Unit and the Board of County Commissioners Effective October 1, 2015 through September 30, 2018 County Administrator Bouyounes presented the following recommendation from HR Director Tart: ,

Description/Background: The Collective Bargaining Agreement (CSA) between the Professional Firefighters of Marion County, I.A.F.F. Local 3169, Supervisory Unit and the Marion County Board of County Commissioners was ratified by the body on May 13, 2016 (attached). The Bargaining Agreement must be adopted by the Marion County Board of County Commissioners to become effective. Budget/Impact: Neutral; annual recurring expenditure of $80,288 and a one-time expenditure of $30,681 in the Fire Rescue Services Budget #3310 and recurring expenditure of $12,678 and a one-time expenditure of $4,845 in the Emergency Medical Services Budget #3355. Recommended Action: Motion to adopt the Collective Bargaining Agreement (CBA) with the I.A.F.F. Local 3169, Supervisory Unit as attached hereto.

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June 7,2016

A motion was made by Commissioner McClain, seconded by Commissioner Moore, to adopt the CBA withthelAFF, Local 3169, Supervisory Unit as presented. Commissioner McClain expressed his appreciation to Jay Boardman and staff for their hard work and support. . The motion was unanimously approved by the Board (5-0).' Commissioner lVIoore out at 11:58 a.m.

10. COMMITTEE ITEMS: 10A. Value Adjustment Board - Request Approval to Advertise Vacancy for One (1) Full

, Member ' Executive Assistant NadjaM. Griffis" Commission, Office, presented the following recommendation:

Description/Background: The Deputy Clerk requests, approval to place an advertisement for one full member.to serve on the Value Adjustment Board for the 2016-2017 term. Applicants must own homestead property in Marion County, may not be a member or employee of any taxing authority, and may not be a person who represents property owners in any administrative way or have judicial review of property taxes. Budqet/lrnpact: None. Recommended Action: Motion to approve advertisement of vacancy for the value adiustrnentboard.

A motion was made by Commissioner Zalak, seconded by Commissioner McClain, to authorize advertisement of the vacancy, for, the Value Adjustment Board (VAB). The motion was unanimously approved by the Board (4-0)." '

11. NOTATION FOR ACTION: 11A. Request Approval to Schedule and Advertise a Closed Meeting pursuant to F.S. 286.011 (8) to Discuss Settlement Negotiations and/orLltiqation Strategy in the Case of Donna Borgioni vs. Marion County on Tuesday, June 21,2016 at 8:30 a.m. Chief Assistant County Attorney Taylor presented the following recommendation:

Description/Background: Marion County is currently involved in a Workers' Compensation claim by Donna Borgioni, who was employed with', the Marion County Sheriff's Department. The date of accident was March 2, 1994. Her employment ended on October 31, 2005. Florida Statutes, 286.011 (8), provides for Closed Meetings with the Board, the County Administrator, Matthew Minter, County Attorney, Dana O. Taylor, Chief Assistant County Attorney, and a court reporter" to discuss settlement negotiations and/or litigation strategy. I am requesting that the Board authorize the Closed Meeting on Tuesday, June 21,2016 at 8:30 a.rn, Budget/Impact: The only-impact will be the courtreporter and defense counsel fees which are included in the current budget. Recommended Action: Motion to authorize Closed Meeting pursuant to F.S. 286.011 (8) on Tuesday, June 21,2016 at 8:30 a.m. and the advertisement thereof.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to schedule a closed meeting on Tuesday, June 21,2016 at 8:30 a.m. to discuss settlement negotiations and/or litigation strategy in the case of Donna Borgioni versus (vs.) Marion County. The motion was unanimously approved by the Board (4-0).

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June 7,2016

11B. Request Approval to Schedule and Advertise a Closed Meeting Pursuant to F.S. 286.011(8) to Discuss Settlement Negotiations and/or Litigation Strategy in the case of Trisha King vs. Marion County on Tuesday, June 21, 2016 at 8:45 a.m. ' Chief Assistant County Attorney Taylor presented the following recommendation:

Description/Background: Marion County is currently involved in - a Workers' Compensation claim by Trisha King, who was employed with the Marion County Fire Department. The date of accident was July 2, 2015. Her employment ended on December 31,2015. Florida Statutes, 286.01,1 (8), provides for Closed Meetings with the Board, the County Administrator, Matthew Minter-County Attorney, Dana O. Taylor, Chief Assistant County Attorney, and a court reporter, to discuss,settlement negotiations and/or litigation strategy. I am requesting that the Board authorize the Closed Meeting on Tuesday, June 21,2016 at 8:45 a.m. , Budqet/lrnpact: The only impact will be the court reporter and defense counsel fees which are included in the current budget. Recommended Action: Motion to authorize Closed Meeting pursuant to F.S. 286.011 (8) on Tuesday, June 21,2016 at 8:45 a.m. and the advertisement thereof.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to schedule a closed meeting on Tuesday, June 21,2016 at 8:45 a.m. to discuss settlement negotiations and/or litigation strategy in the case of Trisha King vs. Marion County. The motion was unanimously approved by the Board (4-0).

11C. Request Approval to Schedule a Workshop to Discuss an Update on the 2016 Parks and Recreation Master Plan on Wednesday, June 22,2016 at 2:00p.m. Parks & Recreation Director/l.andscape Architect Jim Couillard, PLA, ASLA, presented the following recommendation:

Description/Background: This request is to schedule a workshop to discuss the continuing 2016 Parks and Recreation Master Plan. This meeting will provide the Commissioners with an update where the consultants are with the master plan, provide input. from the public involvement effort, and to' discuss strategies in addressing the Needs'Assessment phase. Budqet/lrnpact: None. Recommended Action: Motion to schedule a workshop on Wednesday, June 22, 2016 at 2:00p.m. to discuss an update on the 2016 Parks and Recreation Master Plan.

Chairman Bryant advised that this item was withdrawn by staff. Mr. Bouyounes noted this item will be brought back at a future meeting.

11D. Request Approval to Schedule and Advertise a Public Hearing to Consider an Application Submitted by On top of the World Development of Regional lrnpact (OTOW DRI) to Replace and Supersede the Amended and Restated Development Order (ARDO) Pursuant to the Procedures Set Forth in Section 380.06(19)(e)2.L, Florida Statutes on Tuesday, July 19,2016 at 1:30 p.m, Growth Services Director Martsolf presented the following recommendation:

Description/Background: Staff has reviewed the proposed Amended Development Order and agree that the changes proposed do not constitute a substantial deviation and do not require further development of regional impact review pursuant to Section 380.06 Florida Statutes.

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June 7,2016

The proposed agreement sets out the conditions, timing and payment of the necessary roadway improvements to support the OTOW development throughout its next phases. The agreement includes date certain payment schedule and dollar, ,amount to aid both the developer and the county in future planning of development overall in the SR '200 area. Budget/Impact: None. Recommended Action: Motion to schedule and advertise a public hearing to consider a Resolution adopting the Amended and Restated Development Order on Tuesday, July 19,2016 at 1:30 p.m.

A motion' was made by Commissioner .Zalak, seconded by Commissioner Arnett, to schedule and advertise a public hearing on Tuesday, July 19, 2016 at 1:30 p.m. to consider adopting a Resolution related to the Amended and Restated Development Order for OTOW DR!. The motion was unanimously approved by the Board (4-0).. Commissioner Moore returned at 11 :59 a.m.

12. COMMISSIONER ITEMS: 12A. Commission Comments Commissioner Arnett expressed his appreciation to all who attended the Memorial Day Celebration at the Veterans Park. -. Commissioner Zalak commented on positive steps taken to approve the Union contract for the Fire' Department. He opined that at this time Marion County has not been experiencing a bear issue, noting the implementation of the trash program is working. In response to Chairman Bryant,' Commissioner Zalak stated FWC has riot determined if there will be a bear hunt this year. Commissioner McClain advised that FWC is in the process of holding hearings and more 'information will be released in the nearfuture, Commissioner Zalak stated FWCis qualified to determine the future of' the bear population. Commissioner McClain concurred, noting mistakes were made on the last hunt and FWC learned from them for future hunts. . Commissioner Zalakadvised that he will bring more ihformation back to the Board in regard to the bear hunt at a future meeting: Commissioner McClainadvised that hisqrandson was able to come home Sunday, June 5,2016. He thanked everyone for their prayers and support. Commissioner Moore thanked everyone who assisted with the recent storm damage. He expressed his appreciation to Bruce Borders for attending local Memorial Day events with his horse and to all the veterans. . Commissioner Moore advised that he is still working on Molly's Law, but is allowing Sheriff Gainey to address higher priority items first. In response to Chairman Bryant, Commissioner Moorestated he will meet with Sheriff Gainey to discuss options, noting it may be postponed pending the election. Chairman Bryant requested Board approval to send a letter to Senator Dean in regard to purchasing a parcel' adjacent to Paradise Springs to aid in spring's protection. She advised that the property owner agreed to sell the property. Commissioner McClain opined that the area should be expanded to include past the railroad 'tracks, noting the property will eventually all connect. Chairman Bryant directed staff to expand the area all the way across the railroad. It was the general consensus of the Board to ratify the letter to Senator Dean with the revised maps.

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June 7,2016

128. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of

. June 7,2016 through July 5,2016.

12C. Additional Public Comment: All members of the public wishing to speak during the "Additional Public Comment" portion of the agenda will be limited to two (2) minutes to make their request or presentation. If the request or:matter requires investigation by County staff, the Chair will refer to staff for follow-up with the person making the request. Bruce Borders, High Springs and Branford, expressed his support for having prayer before the meetings. He commented on the dedication and support provided by Veterans Services Director Jeffrey Askew. Mr. Borders advised that he participated in 7 events for

.Marion County on Memorial Day. Henry Munoz, Marion Oaks Boulevard, advised that Utilities Director Angel Roussel has been very helpful in answering all questions presented to him.

13. NOTATION FOR RECORO: For information arid record, the Chairman acknowledged receipt of the following Notation for Record correspondence, items A through C from County Administrator Bouyounes, and items 0 and E from Clerk Ellspermann: 13A. County Administrator Informational Items: Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Larry and Vivian McNair Property Parcel #07570-021-00, Application #18594 13A2. Present Activity Report for the Acceptance of Agricultural Manure and Stall Waste at the Baseline Landfill June 2015 - March 2016 13A3. Present Letter Dated May 9,2016 from the Department of the Army Jacksonville District Corps of Engineers in Response to the May 3,2016 Letter Regarding the Sabal Trail Pipeline 13A4. Present Bear Aware Program Activity Report October 2015 to Present 13A5. Present Solid Waste Monthly Operation Report for March 2016 13A6. Present Letter Dated May 24, 2016 from City of Ocala regarding East Ocala Community Redevelopment Area Subarea/Plan 13A7. Present Letter Dated May 20, 2016 from the With lacoochee Regional Water Supply Authority Regarding the FY 16/17 Budget

138. Present Walk-On Items From Previous BCC Meeting: None

13C. General Informational Items: 13C1. Marion County Health Department - For the Latest health news and informatlon, Visit the Website at http://marion.floridahealth.qov/

130. Clerk of the Court: 1301. Present Report No. 2016-05 Regarding MSTU Peppertree Village Subdivision Road Improvements Petition Count By Internal Audit Division 1302. Present Parcels which the County May Purchase (within 90 Days from 5/18/2016) for the Opening Bid Amounts, Pursuant to Chapter 197.502(6)(C), Florida Statues and 120-13.063(5)(2) of the Florida Administrative Code 1303. Present Regular Report of Utilization for Reserve for Contingencies

.Page 560, Book V

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June 7,2016

1304. Present Constitutional Officers' And Commissioners' Bonds Pursuant To Chapter 137.05, Florida Statutes . 1305. Present Letter Dated May 5,2016 From City Of Belleview Regarding Annexation Ordinance Nos. 2016.;04, 2016-05 And 2016-06 1306. Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 29551,32481, 38774,42332,45218,45219,45346,45880,46866 1307. Present Memorandum From David R. Ellspermann, Clerk Of Circuit Court And Comptroller, Regarding The Filing Of Ordinance 16-15 (Zoning) With The Secretary Of State's Office

13E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Code Enforcement Board ~ April 13, 2016 13E2. Development Review Committee (DRC) - May 2, 9 and 16, 2016 13E3. License Review Board (LRB) - March 8, 2016 13E4. Marion Oaks MSTU Advisory Board (Recreation Services and Facilities) - April 12, 2016 13E5. Southwest Florida Water Management District (SWFWIVID) - For Minutes and Agendas, Visit the Website at http://www.WaterMatters.org 13E6. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at http://www.floridaswater.com 13E7. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http://www.ocalafl.org/tpo 13E8. With lacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at http://www.wrwsa.org

There being no further business to come before the Board, the meeting thereupon adjourned at 12:15 p.m.

~~-----Attest:

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Book V, Page 561

Page 32: R.€¦ · adopt Ordinance 16-16 relating to 2016 Annual CIP Update to the CIE. The motion was. unanimously approved by the Board (5-0). Ordinance 16-16 is entitled: AN ORDINANCE

June 7,2016

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Page 562, Book V