Official Minutes of MARION COUNTY BOARD COUNTY

Transcription

BOARD
Official Minutes of MARION COUNTY COUNTY COMMISSIONERS May 19, 2015
Marion County
County Commissioners
Commission Chambers at
a.m. on Tuesday, May 19,
mon"", Complex locat€:o
in Ocala, Florida.
regular session in
Marion County
The meeting opened with invocation by Commissioner Arnett and the Pledge of
to the Flag of our Country.
Upon roll call the following members were present: Chairman Stan McClain,
Vice-Chairman Kathy
Moore, District 1;
District 2; Comm
Arnett, District 5. Also
Commissioner Carl Zalak,
and Commissioner
n;;;"'''';;'''"lT were Clerk David
County Attorney Matthew G. Minter and
Administrator William
=.!..!..!.!.C=='-'-'='-''::::' - Chairman McClain addressed upcoming
on the Commission
(Item 12B). He invited
2015 at 10:00 a.m. to
Park on Monday, May
remember those veterans who
all for their country.
meetings as
Marion County
Memorial Day and
(1.A. through L.) - Upon motion of
Proclamations/Projects & Programs
approved and/or
Commissioner Bryant, seconded by Commissioner Moore,
the following:
Presentation
the Citizens Academy
of 201
B. Presentation
the Ocala/Marion County Chamber and Economic
Partnership
Update.
Presentation
Proclamation
Jayne Ellspermann as
Association
of Secondary School Principals 2015 National
of the Year.
Presentation
young student ",rt.ctc
Proclamation
the week of May 17 through 23, 2015 as
"Emergency Medical
Week".
Proclamation
the month of May, 2015 as "Drug Court Month".
H. Presentation of
2015 Mid-Florida Local Image Awards.
I. Presentation by
Chip Wildy, Emergency Management Director,
Marion County
Office (MCSO).
J. Proclamation
Kody J. Fisher upon
the status of Eagle
Scout in the Boy
of America organization.
K. Proclamation
Quade M. Kirby upon
the status of Eagle
America
Scout in
Proclamation
Stanley Reed Dudley, II upon attaining the status
Scouts of America
of Eagle Scout in
Proclamations - (1.0.)
recognizing her as
2015 National Principal of
n';;"'-fT'I':,nn
Board presented
National Association of
Proclamation to Jayne
School Principals
Book U, Page 325
May 19, 2015
Chairman McClain
that Ms. Ellspermanns' VISion,
and
leadership and heartfelt belief that each student in the
determination is a tribute
United States (US) should
provided access to high-quality education.
Ms. Ellspermann thanked the Board of County Commissioners (BCC), noting it is
truly an honor to serve and
Marion County public schools.
one of
the things teachers and principals take seriously is encompassed in a quote by Franklin
Delano Roosevelt, "We
prepare the future for our children, but we can
our
children for the future."
.:......:...,:::;.,c;:::;..;==-=..;.-=-==-::::=:.:...::::..;::..:...:..;;:;..;;:;..:..;;;- (1.
) - Deputy County Engineer Tracy
Clean Water Engineer
Mowry, Office of the County Engineer
following recommendation
young student artists:
Description/Background:
Marion County Board of County
would like
ten young student
in the Marion County
their
Engineer's
Tabloid (NIE Tab) "Discover
Resources."
are the students' art teachers.
on Marion County's water resources and covers
The NIE Tab
ranging from karst topology
the formation of springs to how to prevent
stormwater pollution. Art work from these Marion County students is
throughout
tab and
how they have been inspired by the county's
resources.
the
The NIE Tab was designed and produced by the Marion County
of Public Information in collaboration with Marion
County Engineer and the
County UFIIFAS
and the Ocala Star Banner.
Budget/Impact: None
Recommended Action:
Student Name
John Biorn Hills
North Marion Middle School
Seth Daughtry
Eduardo
N.H. Jones Elementary
Cesar
Grace Pagh
Homeschooled
Dr. N.H. Jones Elementary (Cover artwork)
Rushi Patel
Calia Patterson
Nathaniel Ruiz
Tyler Sharpe
Alahna Williams
Art Teacher Name
Esther Pagh
Homeschool
Marshall Pettway
Tasha Strigle
Principal Name
Cheryl Laffey
John Kerley
Ms. Mowry thanked staff l'"\'"Iol'"\'"ll'"\orC' who assisted with the production of the NIE
Tab, including Jacob
Jamie Cohen, Yilin Zhuang, Melissa
Tracy Straub and Barbra
LJIGIL-LJ':;;GI
Page 326, Book U
May 19, 2015
Projects & Programs - (1.A.) - Director of Governmental Affairs Jeannie Rickman,
Office of Strategic Services, presented the following recommendation recognizing the
graduating Citizens Academy Class of 2015:
Description/Background: On March 12,2015, the Marion County Board of County
Commissioners opened the sixth year of the Citizens Academy. This ten week
program offers citizens a behind-the-scenes look at many Marion County services
and departments.
By participating in the academy this year, citizens learned about the following
Marion County Departments: Administrative Services and Fiscal Management,
Animal Services, Community Services, Facilities Management, Fire Rescue, Fleet
Management, Growth Services (planning, Zoning & Code Enforcement), Library
Services, County Extension Services, Office of the County Engineer, Marion
County Airport, Public Safety Communications, Solid Waste and Utilities.
Sessions were held on Thursday mornings from 9:00 a.m. to 12 noon. Of the 30
citizens registered to participate, today 28 class members will graduate.
Budget/Impact: None.
Recommended Action: Presentation and recognition of the graduating Citizens
Academy Class 2015.
Ms. Rickman commented on the 2015 Citizens Academy Class and thanked
County staff who assisted in coordinating and organizing each session. She presented
each of the graduates with a pin, certificate, a CD (compact disc) containing photos and
a class picture.
In response to Chairman McClain, Ms. Rickman advised of an upcoming Advanced
Citizens Academy Class, which will consist of the five Constitutional Officers, noting
classes will begin in October 2015. She stated any graduating participant of a previous
Citizens Academy Class is invited to participate.
Projects & Programs - (1.B.) - President and Chief Executive Officer (CEO) Kevin
Sheilley, CEP, presented a 1 page (double-sided) handout entitled, "CEP Performance
Matrix 2015". He provided a brief overview of the quarterly performance matrix, noting
Marion County leads the State in job creation/growth and has one of the fastest-growing
economies in the country. Mr. Sheilley noted that 2015 is off to an incredible start and
opined that this is a tipping-point year. He advised that 7 local high schools made the
Washington Post list and 3 made the US News & World Report list. Mr. Sheilley opined
that this carried on through all areas of the community, particularly in the business
attraction and retention/creation initiatives. He noted it is not even mid-year and Marion
County already has met its economic performance targets.
In response to Chairman McClain, Mr. Sheilley stated the CEP will perform onsite
visits with at least 35 Site Selection consultants during the year, noting the CEP meets
directly with the consultants at their office for one-an-one discussions regarding the
opportunities for business in Marion County. He commented on the project pipeline,
noting the number of current projects and those companies in the lead pipeline have
increased so much that another Project Manager (Will Parsons) has been added. Mr.
Sheil ley advised of some "exciting news" in the coming months regarding one of the
companies from the Power Plant Incubator, which he opined will make our neighbors to
the north and south very jealous.
Projects & Programs - (1 .C.) - President and CEO Sheilley, CEP, noted that each
Book U, Page 327
May 19, 2015
introduced
month in 2015 the CEP will highlight an existing business in Marion County.
Erin Emanuel from
Medical Systems.
Erin Emanuel, Director of Community and Customer Relations for
Medical Systems, presented
Commissioner with a 3 dimensional (3D)
brochure entitled, "Creative Foam Medical
a business card holder; a 12
and a 5 page handout
Printing with FDM". Creative
is the "daughter" company
Corporation, which produces automotive
foam for vehicle doors and
The company also produces foam for wind
is a leader in custom
and
turbines. Creative Foam
manufacturing vinyl-coated
products for the diagnostic imaging
company offers a unique vinyl
product known as Polyscan, which
proof barrier that
blood and other contaminants.
in emergency medicine were
then home
well as products for
therapeutic uses, such
resonance imaging (MRI)
tomography (CT) scan
and
positioner pads. She advised
printing is new to the company, noting the machine
creates objects from
which is an industrial thermoplastic that
not artifact in an MRI.
On behalf of the
, Chairman McClain presented Ms. Emanuel with a
Medical Systems.
Certificate of Recognition for
(Ed. Note: FDM is the acronym for
Deposition Modeling.)
Proclamations - (1.
month of May, 2015 as "Drug
Manager Thomas Aemisegger
Administration.
Judge Landt, on behalf of all
citizens of Marion County and
the program. He advised that
diverting people away from
presented the Proclamation designating
Month" to Judge Robert
Landt, Administrative
Court Administrator Todd Tuzzolino,
stakeholders involved in Drug Court, thanked
financial and emotional support
hard to save taxpayer
families.
the Proclamation designating
Medical Services Week" to
McElhaney, Marion County Fire
(EMS) technicians/paramedics.
to reach out to local firefighters,
providers and thank them for their life saving
paramedics, nurses, and other
services to the community.
Chief McElhaney thanked the
support, noting it has been an honor to
work with the finest first responders in
over the past 21 years. He advised that in
1994 he worked in a small office with 7 firefighters who, on their own, earned their
paramedic certifications in order to
serve
in the rural parts of Marion
County. Chief McElhaney stated within 5
all rescue units were staffed with
partnership with Munroe Regional
paramedics from MCFR. He commented on
Medical Center (MRMC), which
services at that time, to place 4
to provide
response/transport times for
ambulances in the rural parts of
life support services. Chief McElhaney
that on September 30, 2008, MCFR took
over providing ambulance
noting
Week is about recognizing
328, Book U
19,
employees out in
who provide
5
services.
Projects & Programs - (1.H.) - Public Information Manager Barbra Hernandez,
Office of Public Information, presented the following recommendation regarding the 2015
Mid-Florida Local Image Awards:
Description/Background: Last month, the
Chapter of the
Public
Relations
recognized Marion County government's implementation of
strategic and
public
practices with
awards
the Mid-Florida
Image Awards
Judges' awards are presented to outstanding entries that
maximum
results while using a minimum amount of money. Marion County's Community
Rally in support of our veterans and bringing a state veterans' nursing home to
Marion garnered such distinction. The
promoted by the
Public
Information in support of the County Commission and Marion County Veterans
an attendance of 500 people, garnered media
by 7
Services,
in 96% of survey
local and
outlets and
that the event
increased their support for the county's
judges'
went to the
Information
regarding a microchip success story from Animal Services.
promoted the media
to raise
about microchips
Marion
pet-owners and
them to obtain microchips for their
NY owner about a microchip success - reuniting a
missing for 2 years with
-achieved local, national and international media coverage (including CNN.com) and prompted
behavioral of Public Information for its work Finally, an Award of Distinction went to
with Marion County Utilities to welcome
utility's new customers. Marion County Utilities,
to
over water service for a portion of customers a retiring utility, planned and
a community
customers to answer questions about the future
water service.
accomplished
a post-
survey, through
presentations and
handouts. Budget/Impact: None. Recommended Action: For presentation only. Jennifer Lyle,
Ocala Chapter of the Florida Public Relations Association, presented the awards
Office of Public Information staff. She commended them for
their hard work and success.
Commissioner
out at 9:59 a.m.
Clerk Windberg
(6.A.) Publication No.
entitled
Public
,
published in the
newspaper on April 30, 2015. The Notice stated the Board
will consider adopting an Ordinance amending
County Code relating to the MSTU for
Enforcement, to
the boundaries of the unit to include
Towns of Reddick
and Mcintosh and provide authority to
ad valorem
provision of law
enforcement services within those jurisdictions.
the following recommendation:
County Attorney Matthew G. Minter
Description/Background: The Board of County Commissioners has received a
letter dated April
2015, from
Mayor and the Council President of the Town
of Reddick,
Town's
included
MSTUs for
-
Book U, Page
May 19, 2015
and for
Emergency Medical
Law Enforcement.
"A."
With respect to
MSTU for Emergency Medical Services and
Protection
and Rescue
Sections 12-681 through 12-688 of
County
Code, the boundaries
Unit already include the municipalities
and
by ordinance of the governing bodies
those
Mcintosh, subject to
municipalities. Thus, all that is needed to include the Town of Reddick in this Unit
is a consent ordinance
by the Town Council; no amendment to the County
Mcintosh has not requested
included in
Code is necessary. At
Unit.
With respect to the MSTU for
Enforcement, codified at _="""1""\
12-43, the
Unit currently only include
County.
County to
of
include the municipality
to
similar to Code
, and, it is necessary for the Town of Reddick to
adopt a consent
similar to the consent ordinance for the MSTU for
Emergency Medical
Fire Protection and Rescue
referenced above.
minor revisions will be necessary in addition to
expansion of the
the Unit. With respect to the Town of Mcintosh,
although Mcintosh is not
this time requesting to be included in this Unit, it is
recommended that the
use this opportunity to include Mcintosh within
to its consent by ordinance, thus tracking
boundaries of the Unit,
Medical Services and Fire Protection
provision in the MSTU for
Rescue Services. That way, if Mcintosh in the future decides to be included in
Unit, no further legislation will
required by Marion County.
The title of the
to amend the County Code provisions
is attached hereto as Attachment
"
to the MSTU for Law
Recommended Action: Motion to adopt ordinance to amend the Marion
Code of
MSTU
Law Enforcement.
County
the proposed amendment County
Town
will allow for the County to provide a
was initiated by
mechanism for them to fund
Sheriffs Office to provide law
services within their jurisdiction.
the County previously amended the Code for
the Town of Belleview. Mr. Minter
amendment also includes the Town
of Mcintosh subject to each municipality adopting
own Ordinance to allow for the
collection of non-ad valorem
on the
rolls.
Commissioner Bryant returned
10:01 a.m.
Commissioner Moore out at 10:01 a.m.
Chairman McClain opened
floor to public comment.
Henry Munoz, Marion Oaks
, questioned if the Town of Reddick is
currently receiving services from the
Mr. Minter advised that the Town
is currently receiving services;
however, it has been using reserve
is now requesting to utilize a special
assessment to pay for those ~""",r·Htr'''''<OO
Chairman McClain
portion is now closed.
A motion was made by
seconded by Commissioner
adopt Ordinance 1
to the MSTU for Law
Page 330, Book U
May 19,
5
ick and
Enforcement,
boundaries of the unit to include the Towns of
Mcintosh and provide authority to impose ad
taxes for provision of law
enforcement
within those jurisdictions.
Commissioner Moore returned at 10:04 a.m.
is
motion was unanimously approved by
Board (5-0). Ordinance 1
entitled:
AN ORDI
THE BOARD OF COUNTY COMMISSIONERS
CH. 12, ARTICLE III,
MARION COUNTY, FLORIDA, AMENDI
SECTIONS 1
12-37, AND 1
MARION COUNTY
OF ORDINANCES, RELATED TO THE MARION COUNTY MUNICIPAL
TAXING UNIT FOR LAW
EXPANDING
BOUNDARIES AND SCOPE OF THE UNIT TO INCLUDE LISTED
MUNIC
TO
E
BY ORDINANCE
ANY
MUNICIPALITY; PROVIDING
REPEALING CLAUSE;
PROVI
SEVERABILITY; PROVIDING
INCLUSION IN THE
MARION COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
Management Director Lieutenant
tlQj§.g§~1QgJ~ili:illflliII - (1 .1. ) Chip Wildy, MCSO, introduced Erin Miller,
Coordinator for the
Emergency
Bureau.
handout entitled, "Marion County
Lieutenant Witdy presented a 22
Emergency
- A Division of the Marion County Sheriff's Office" and provided
a brief PowerPoint presentation relating to the
Operations Center
upcoming
mock drill
that in
practice
held at
EOC on May
2015 as part of a
hurricane
Lieutenant Wildy stated local
officials, department
and
noting the importance of getting
several other
will participate in the
back to normal as quickly as possible after an
situation.
The
is a coordination center for all
during a disaster and was built
to withstand a
5 hurricane (165+ miles per hour (mph) winds). It features 1
workstations, 3
rooms, 2 bunkrooms,
room, radio room, unified command
room and
management offices. As
come into the EOC,
Lieutenant Wildy advised
if
emergency request is too
EOC to provide
handle, then they will communicate with
necessary resources
County. He noted they
to activate in over 10
years, but if they were
activated, his first
Chairman. By Statue
is the only
a local State of
(Chapter 252)
to receive government
He provided a brief
Emergency, which is
overview of the
organizational chart and the jobs performed by different agencies
(operations, planning, logistics, finance, etc.). Lieutenant Wildy commented on private
organizations that
participate in emergency situations, including electric companies,
cable companies, Marion County public schools, Cheney Brothers, Sonny's Barbeque,
Countryside Meats,
offices include the
, municipalities, Clerk of Court
and Comptroller,
Appraiser, Tax Collector,
Elections, etc.
Chairman McClain thanked Lieutenant Wildy for
and noted the
mock drill will ensure that all communications are working properly. He opined the County
will be ready in case a natural disaster.
U, Page
1
May 19,2015
and Dr. Don
58th Avenue,
addressed the board in regard to the
M. (Free Dental, Optical and Medical)
Entertainment
Clinic event to
July 20 through 24, 2015 at the former
Complex located at 1
SW 17th Avenue.
Dr. Bovell
that he has been an emergency medicine doctor at MRMC for
the last 13 years.
provided a brief overview of the non-profit program, which has
delivered free health
around the wold for the past 20 years. Dr. Bovell stated the
dental care
include crowns, fillings, extractions, root
Medical care
will include
diabetes
as well as optical care (prescription
""................. will
offered at no
. Dr. Bovell
approximately
(July 24th).
3,000 patients will
treated from Monday (July 20 th ) through
commented on
organizations partnership with the Heart of
Interfaith Services
and Marion County's Homeless Alliance with
intention to also
a monthly clinic in
the near future.
Dr. Bovell
BCC support and attendance at the
He also requested
a message board to
traffic, as well as MCSO presence at the
Dr. Bovell
to transport
workers to help
County may want to setup a hurricane
and breakdown
event. He
awareness booth to provide important information to citizens
the event.
Ms. Burnett
a brief video
organization's
clinic events held
in the cities of Oakland, San Francisco and
Antonio.
Chairman McClain thanked Ms.
and Dr. Bovell for bringing this worthwhile
in an email in
event to Marion County and suggested they formalize their
for the Board to
the matter.
Commissioner Bryant out at 10:25 a.m
~2©~.QLt:!Q9..!:S:!TI.l§ - (2.A.1.) -
1.)
Marcy
SW 45th Street,
Gainesville,
is present
on behalf of Kyla
, Charlene
to issues Ms. Ward is having with the
Board in relation
and their children in
to 4 miniature potbelly
which are
as therapy animals
special n.a<:>"",
(Attention Deficit Hyperactivity Disorders (ADHD) and autistic) children. She presented 2
letters from Doctor
Eunus, Chief Medical Director of Premier Pediatrics, in regard
on the children. Ms. LaHart stated
to the mood stabilization benefits the animals
Housing Act for
would like to formally request an accommodation under the
children to be allowed to keep the animals in an R-1 zoning
Commissioner
returned
1
should
with County Attorney
Chairman McClain opined that Ms.
Minter regarding
Kayla Ward, NW 10th Avenue,
property
up to a parcel that
is zoned agriculture and did not
could not have
potbelly pigs.
behavioral issues that
occurred with her children since she was
commented on
informed they could no longer have the pigs. Ms. Ward stated
pigs are no longer on
the property.
benefited from
Charlene Cooper, NW 9th Aven
Ms. Wards' potbelly
She requested
consider a
to allow for
potbelly pigs.
the remedy for
Chairman McClain commented on
currently in
animals in an R-1 zoning classification is
apply for a Special
Permit. He recalled
332, Book U
May 19, 2015
that the
granted Special
Permits in the past for potbelly pigs. Chairman
place
BCC to waive
McClain
there is no
Special
application
Ms.
questioned why
County considers potbelly
as livestock, noting
under Florida Statute (FS) 212, the
not consider the animals as livestock.
Chairman McClain reiterated
per County Code, potbelly pigs are not allowed
on property
R-1.
Commissioner Bryant questioned whether there is a
Enforcement action
that is correct.
against Ms. Ward relating to the potbelly pigs. Ms. Ward
Commissioner Bryant questioned
Code Enforcement action was based on a
citizen
and requested the County Administrator
more
the
today's meeting.
meeting.)
matter was
discussed later in
B.2.) - Bob
Gleneagles Road,
is the President of the Rolling Greens Homeowners Association (HOA)
today to discuss the possible closure of MC
Station No. 28. He
and is
presented a 1
handout, which he
into the record and a
page petition from
in support of
the Fire/Rescue
open. Mr. Senge
Rolling
the Rolling
Volunteer Fire
Station No.
advised that in 1
and in 1
Marion County enlarged
building and currently
Greens $1
annually
For almost 30
1,800 residents
Rolling Greens have
countless lives.
had
times of approximately 2% to 6 minutes,
us of approximately 60 MCFR personnel this
He expressed concern that with the
year, the County may consider closing this station, which will
response times to
their retirement community.
Chairman McClain advised that
has not made a policy decision to close
any MC
however, fire
and emergency apparatus
move around from
station to
as necessary, throughout the County.
In
to Commissioner
Mr. Senge stated
vehicles
10 to 15
community.
McElhaney
will expire on
noting staff has been in discussion with the
owner and the
the lease may not continue. He noted that station serves a much larger
Rolling Greens community. Chief McElhaney advised that staff is
exploring
for Board consideration in regard
out of that
subdivision, but staying close to the community. He commented on discussions with the
to property located
developer that may allow the station to move from its current
Road. Chief McElhaney reiterated that
not been
directly on
discussion with
BCC about
He noted
back more
response
Rolling Greens
and will provide
Mr. Senge as well.
1"\0.I"',....r,\,,\0
=~===
-
(2.B.3.) - Roger Knechtel, SE 97 th
Road, Summerfield,
commented on the Dunnellon City Council meeting held on May 11, 2015 and presented
a copy of
minutes from that meeting. He advised that the Dunnellon Police Ch
Joanne Black recently resigned, noting
is a bright, honest person and it was a
U, Page 333
May 19, 2015
privilege to know her. Mr. Knechtel opined that the Mayor and the City Council of
are working hard to bring that community together.
that recently
- Steven Popick, SW
has not received
a position on
Advisory Board; however,
anything relating to an appointment.
Chairman McClain CT~'TOr1
not made a decision on who his appointee will
~'-'-== - (3.A) - A motion was made by Commissioner Zalak, seconded by
Commissioner Moore, to adopt the meeting minutes of April 21, 2015. The motion was
unanimously approved by
(5-0).
Legislature/Sheriff ) The Board considered
following letter dated May
5 from Sheriff Chris
MCSO, to expend $1,000 from
Law Enforcement
Fund:
I am requesting your concurrence in the
Thousand ($1,000)
Dollars from the Law
Trust Fund.
money will
used to
a
donation to the Florida Missing Children's Day Foundation for the 2015 Florida
14,2015.
Missing Children's Day to
held in Tallahassee on
is a day about recognition, remembrance and
Florida's Missing Children's
inspiration. Our state government and law enforcement
victim families,
school children and
of the public all unite in paying tribute to these
children during a most touching ceremony at our Capitol.
occasion is used to
salute Florida's
involved with missing children cases and it adds a network
of support to the victim
I certify that this
Statutes and that
are no recurring expenses
years.
A motion was
Zalak,
Commissioner Moore,
approve expending $1,000 from the Law Enforcement
motion was
(5-0).
Legislature/Sheriff - (4.B.) - The Board considered
following letter dated May
12, 2015 from Sheriff Blair,
, to discuss the available
funds for the bodycamera program:
has recently announced grant funds available for
The U.S. Department of J
the Body-Worn Camera Implementation Program.
funds can be used to
help develop, implement,
evaluate a body worn camera program as a law
enforcement tool
officer interactions with
public and build
community trust.
, which can be
purchase, deploy, and
a camera
a 50%
which the Sheriff's
Office would like
with the board to
feasibility of applying
for this grant program.
Budget Impact: None at
time.
Recommended Action:
1)
Discussion of the available grant funds, the
program, and
such other action as the Board deems appropriate.
Book U
May 19, 2015
Major Terry Bovaird, Bureau Chief Homeland Security & Professional Standards,
MCSO,
a 17 page handout entitled, "Department of Justice 2015 Body-Worn
Camera Pilot Implementation Grant" to follow along with
PowerPoint presentation.
Major Bovaird advised that the grant is available to local governments to perform
a law enforcement function; however, it
matching funds, noting the issue is
that
grant application is due June 1 2015. Another
is that
grant was cut
substantially by the Federal government from $90,000,000 down to $17,000,000, noting
there will
a significant amount of competition for those funds.
benefits of Body-Worn Cameras (BWC's), which can
Major Bovaird
ressed
become a promising tool to improve law enforcement interactions with the public; provide
ing of
interaction; strengthen accountability
a visual and audio
transparency; assist in de-escalating issues/conflicts; and result in more constructive
encounters.
Major Bovaird provided a brief overview of the Federal Award information and
requirements, noting it is a 24 month project that will begin October 1, 2015.
will
50 awards in four different categories with the MCSO fitting in category two. There are
in that category with each award being no more than $600,000 per
only twelve
The application must
future sustainability of the program; provide for a
50% match in-kind or
; and the match funding source must be identified prior to grant
submission. The camera systems cannot
more
$1,500
and may include
the
of the camera;
software; licenses; services; policy development;
training. The
application requires
following goals, objectives
deliverables:
1) broad stakeholder,
political leadership
community engagement; 2) address
of information, 3) operational
privacy policies on BWC issues covering
procedures relating
tracking, use, review, access, storage,
redaction, and
expungement
information; 4) include training
officers and administrators;
adoptions of practices and deployment of the BWC programs; and 6) identify future
funding sustainability. Program collaboration requirements include public meetings with
citizens, community groups, prosecutors,
counsel associations, police unions,
judiciary, as well as civil liberty and advocacy groups promote input and understanding.
Major Bovaird advised
if MCSO is successful in obtaining the grant it will need
to address and implement several long term policies and practices with regard to
deployment, maintenance of the cameras and system, data storage, access and privacy
managing and
considerations. There are several different philosophies in regard
storing camera data, including a cloud
solution, which is not being recommended
the information in-house, where it will
by the department. Another option is to
more secure and the department can control the
Major Bovaird
the agency-wide deployment of BWC's, which will
include assignment of cameras to
Patrol Division, Civil Division, Crime Suppression
Unit, Juvenile Division, Training Division, Crime Prevention Unit, Major Crimes Unit, Drug
Enforcement Division, and the
Offender/Predator Division.
noted BWC's can
also
deployed to Correction Officers.
Major Bovaird noted the handout includes letters of support from the Honorable
Judge David
and
Attorney Brad King.
will
Major Bovaird advised that the total
of the BWC system in the
be approximately $437,303, including the
of the cameras at
each or $237,303
total; storage area network purchase
$96,000; disaster recover
storage area
network purchase cost of $96,000; information technology (IT) support
of $8,000;
Book U,
335
May 19,2015
with a total matching cost of $21
1.50. He noted those amounts do not reflect the
include Correction Officers in
program, which will slightly
the dollar
amount.
of the BWC
to fund
program
Major Bovaird provided a brief
over the
five years. In
year (FY) 2015/2016 the BWC budget will need
grant
1 plus funding necessary to provide for two staff positions: 1) an IT/BWC
match of $21
technician; and
an Evidence/BWC technician at a total cost
$96,052. In
2016/2017 the BWC budget will
to provide
associated with recurring
technician staff positions $96,052, as well as software server maintenance
support
in the amount of $8,000. In FY 2017/2018
BWC budget will
to provide for costs
associated with recurring technician staff
$96,052, provide for replacement
of BWC's at a
of $237,
as well as software server maintenance
support in
amount of $8,000. In FY 2018/2019 the BWC budget will need to provide for costs
with recurring technician
positions at
, provide for replacement
area network system at a
of $192,000, as well as software server
amount of $8
In FY 201
the BWC budget wiil
maintenance and support in
need to provide for costs
with recurring technician
positions at
,
provide for replacement of BWCs
a cost of
303, as well as software server
that the total
funding
maintenance and support in the amount of $8,000. He
with
grant over the
five years is approximately $1.4 million, noting
is no
money within the Sheriff's budget to fund
program.
Major
stated MCSO currently has
BWCs within the department
Police Department (OPD)
approximately
noting OPD will
requesting an
additional IT position in its upcoming budget to help handle its BWC program. He advised
that
BWC video information is loaded onto compact
(CD's) to
kept as
evidence, noting the State Attorney's Office
access to a
transfer point.
Commissioner Bryant
she has performed research on this matter,
actually
140 BWCs and will
expending approximately $300,000 this year just
to
the information. She requested Major Bovaird continue discussion with OPD to
staff at
ensure the prOjected
are correct, noting OPD has not had to add any
this point. Major Bovaird commented on
possibility of partnering with
when
applying for the grant.
In
to Commissioner Zalak, Major Bovaird stated the data does not
need to be kept forever, noting the Department of Justice (DOJ) advises that
deleted as early as 30 days
, traffic stops); however, if it is a
some of the data can
homicide case the data
be kept
Commissioner Bryant out at 11 :09 a.m.
In response to Commissioner Zalak, Major Bovaird
that the
does not
enough
in its budget to sustain the program, noting
department will
a 5 year funding commitment from the BCC before it can apply for
the grant. Commissioner
expressed concern with
strain recurring
have on
the County's budget. Chairman McClain concurred, noting more information is needed
before the
can make a
General discussion ensued
Commissioner Bryant returned
11: 14 a.m.
Chairman McClain questioned who will be responsible for any
challenges
MSCO.
associated with BWC's. Major Bovaird opined it will the responsibility of
CTn'-!:JI'1I<:l
336, Book U
May 1
2015
Chairman McClain stated
would like to hear from Sheriff Blair as to who will be
for the liability portion of the program.
General discussion
In response to
advised that the program will
of
support from the
Benevolent Association (PBA) and the Fraternal
(FOP). Chairman McClain noted he will be more comfortable if the Sheriff's
can
their support
Board making a
Major Bovaird
hold one-on-ones
done. Chairman McClain requested Major
prior to the next regularly
BCC meeting.
Commissioner Zalak
funding options
c;.::>.:,c;u. He opined in
better to purchase
over time and not
grant. Major Bovaird stated it would be difficult to determine which division should get the
first if they are purchased a few at a time.
Chairman McClain
that he had a
with Constitutional
last
in the red from balancing the
noting the County is already $4.4 million
Fund budget.
Grants/Projects
Programs - (4.C.) considered
recommendation from
Court Administrator
Lin, Court
the Joint Adult
Court Solicitation to
Services, Coordination, and
rOo:ll'trn,cn't Fiscal Year (FY)
15 Competitive Grant Announcement:
Description/Background: This is a joint grant solicitation from The
Abuse and Mental Health Administration (SAIVIHSA) and The Bureau
(BJA) where applicants are competing for two grants for both criminal
substance
funds with one application. This three year
would allow court
coordination, and evidence-based
treatment
to be enhanced for many of our problem solving courts (Drug
Courts,
Court, Mental
Court) where
is the primary
The SAMHSA
opportunity
substance
provided by
Centers, Inc. for
solving courts, while the BJA funding would enhance court
coordination.
is one time BJA award up to
Budget Impact:
awards for these two
000
$300,000 for the entire three year grant and for
SAMHSA grant, up
per year for each
of the three year grant period. The Federal funds from BJA
under this program may not cover more than
of the total
We plan
to utilize both a donation from a stakeholder and in-kind services to cover the
percent match.
Joint Adult Drug Court
Recommended
to Enhance
Coordination, and
FY 2015
Announcement; BJA-2015-4179; CFDA#s 1
(BJA) and 93.243 (SAMHSA).
A motion was
by Commissioner Bryant,
by Commissioner Arnett,
apply for the Joint Adult Drug Court Solicitation
Services, Coordination,
Treatment; FY 2015 Competitive Grant Announcement. The motion was unanimously
approved by the Board (5-0).
(5.A.1. through 12.) Zalak,
Upon motion of Commissioner
adopted the following
Book U,
337
May 19, 2015
Amendment Resolutions as presented by Clerk Ellspermann:
1. 15-R-133 transferring $309 within the General Fund for Community
Services.
2. 15-R-134 transferring $337 within the General Fund for Community
Services/CDBG.
3. 15-R-135 transferring $37 within the General Fund for the Neighborhood
Stabilization Program 3 (NSP 3).
4. 15-R-136 transferring $594,102 within the Local Housing Assistance Trust
Fund for the State Housing Initiative Partnership Act (SHIP).
5. 15-R-137 transferring $3,490 within the General Fund for the Sheriffs
Department - Emergency Management.
6. 15-R-138 transferring $83,171 within the Building Department Fund for the
Building Department.
7. 15-R-139 transferring $1,000 within the Law Enforcement Trust Fund for
Law Enforcement MSTU.
8. 15-R-140 transferring $38,400 within the General Fund for the Cooperative
Extension Service Department.
9. 15-R-141 transferring $1,000 within the MSTU for Law Enforcement for the
Sheriff's Department - Patrol & CID.
10. 15-R-142 transferring $450,000 within the Impact Fee Trust Fund - District
2 for Land Acquisition - Right of Way/Easements.
11. i5-R-i43 transferring $8,300 within the General Fund for the Animal
Services Department.
12. 15-R-144 transferring $28,079 within the General Fund for the Sheriff's
Department - Jail.
(Ed. Note: CDBG is the acronym for Community Development Block Grant; MSTU
is the acronym for Municipal Service Taxing Unit; and CID is the acronym for Criminal
Investigation Division.)
Upon motion of Commissioner Zalak, seconded by Commissioner Moore, the
Board acted on the Consent Agenda for Building Safety item 7.A.i., Development Review
Committee items 7. B.1. and 2., Growth Services item 7. C.1., Human Resources item
7.D .1., Parks and Recreation item 7. E.1., Procurement Services items 7. F.1. through 10.,
Risk & Benefit Services items 7.G.1. through 4., and Transportation - County Engineer
items 7.H.1. through 9., as follows:
Licenses & Permits/Resolutions - (7.A.1.) - The Board accepted the following
recommendation from Building Safety Director David Galassi to adopt Resolution 15-R
145 amending fee schedules for construction permits:
Description/Background: Current Resolution 14-R-647 was approved by the BCC
on December 16, 2014 with an effective date of December 16, 2014. It was
necessary to update the resolution at that time due to a State mandated increase
in commercial swimming pool fees.
Building Safety is requesting an amendment to the current fee resolution to clarify
language. The current resolution includes the words 'Renovation' and 'Alteration'
which has resulted in confusion for both staff and customers, as different costs are
incurred for each.
Page 338, Book U
May 19, 2015
In an effort to make the current
sched
more user-friendly, easier to
understand, and simpler to estimate construction . . .v,:n<:>. the word 'Renovation' has
been replaced with the work 'Remodel'.
The definitions of 'Remodel' and 'Alteration'
to
schedule.
Budget/Impact: None, there are no
in this amended fee
resolution. amendment
Recommended Action: Request motion to Board ac(~eotea
Subdivisions - (7. 1.)
Deputy County Engineer Tracy Straub, on behalf of
(DRC), to execute and record the final plat Ocala
201
Description/Background: On April
approved the Final Plat for the
recommended the Board
northwest portion
subdivision is located in
and 4 tracts on 5.49 acres with
Recommended Action: Motion to
same.
Chair and Clerk to execute
following recommendation from
"",/1,,,,,\1\1 Committee
subdivision:
""\1.,,,,\1\1 Committee
and
This
13 lots
to
the
B.2.)
following recommendation from
and record the final
Deputy County Engineer Straub, on behalf
plat of Candler Hills West Stonebridge
Review Committee
Description/Background: On May 4, 201
approved the Final Plat for
Candler
III
by
Chair and the
Subdivision and recommended the Board
portion of the County and
Clerk. This subdivision is located in the
contains 36 lots and 3 tracts on 11.02 acres with 30
road.
Recommended Action: Motion to approve
authorize the
Chair and Clerk to execute the same.
.1.) Board accepted
Director Sam Martsolf to
Agreement for
Intersection of
Villages of
the following recommendation from Acting Growth
approve and execute the Fifth Amendment to Impact
Development of County Road 42 (CR 42) and for
County Road and State Road 35 (CR & SR
Lake-Sumter, Inc.:
Description/Background: Gary Moyer,
Sumter, Inc. (the Developer) has
transportation credit agreement with
November 7, 2000. The agreement
with
being the fourth amendment entered into on March 1
requesting an extension of the time frame in which
credits issued to the Developer for roadway intersection of Highway 42 Highway 301.
specified in the previously approved Fourth
Villages of Lake
of the existing
into on
amendment
applicant is
U, Page 339
19,2015 transportation impact
credits
for the same
years as the
impact
transportation impact
that began
Due to the suspension on the collection
unable to collect on a portion of the
January 1, 201 the Developer
Developer as
remaining credit ($1,375,675.50) which is to be reimbursed to
impact
are paid for impact generating activity in
designated
agreement expires May 1 2015. The
reimbursement area. This section of
Developer
been unable to
the other portion of
remaining credit
($539,898.08)
is to be used as a traditional credit as
Developer may use
the credits
residential and
development within
Villages of
of payment of transportation impact fees. This section of the
Marion in
are being
agreement
December 31,201 Both sections of the
recommended
extension.
Recommended Action: Motion to approve and execute the Fifth Amendment to
Impact
Agreement for Development of County Road 42 and for
35 (US Highway
Improvements to
Intersection of County Road and
301).
1.) - The Board ac(~eo!ea the following
recommendation from Human Resources
Amanda
Resolution 1
46 reclassifying 1 Parks and Recreation Director position to a
and Recreation
Director/Landscape Architect position:
Description/Background: The Director/Landscape Architect position combines the
present
the Director and
Landscape Architect
provides a desired
level of professionalism to the management of the Department. The changes will
also
framework for a
hierarchy of professional positions
within the
in the
as growth
our community.
The Director/Landscape Architect will
a primary focus implementing policy
related to the development of park
recreation facilities while serving as
liaison between
and federal
local municipalities, other counties and
other outside
regarding
matter related to access and improvements
on public lands and waters. This
is aligned with the Commission goal of
facilitating the growth of the outdoor
industry as a means to add diversify
to the local economy.
Budget/Impact: Expenditure of
: Motion to
and approve
resolution for
the reclassification of one (1)
Recreation
pay
28 to one (1)
and Recreation Director/Landscape
Position,
grade 30,
with the corresponding job description and pay grade, within
Parks &
department budget #6120, as set forth in "Exhibit An.
following recommendation from Acting
approve and execute
Designation
Trail with
of Florida,
Division of Recreation
Parks, Office of
of the Internal
Trust Fund of
Page 340, Book U
accepted
Jim Couillard to
Silver Springs
& Silver River
of Environmental Protection (FDEP),
& Trails
Board of
of Florida:
In;;U'Tr'lr
May 19, 2015
Description/Background: The Florida Department of Environmental Protection, Division of Recreation and Parks has requested that Marion County approve the designation of Silver Springs State Park into the Florida Greenways and Trails System. The Board of Trustees of the Internal Improvement Trust Fund (TIITF) designated all state parks which were wholly owned by the TIITF starting in 2003 and are now pursuing the same designation for state parks which are jointly owned. Marion County owns a 220-acre tract within Silver Springs State Park. Budget/Impact: None. Recommended Action: Motion to authorize the Chairman and Clerk to sign the Designation Agreement as presented. Contracts & Agreements/Projects & Programs - (7.F.1.) - The Board accepted the
following recommendation from Procurement Services Director Susan Olsen to approve
and execute the Agreement Between County and Architect, upon approval by Legal, with
the following firms: a) Architecture Studio, Inc.; b) Partin Architecture Co.; and c) Rispoli
& Associates Architecture, Inc. to provide architectural services, pursuant to Request for
Qualifications (RFQ) No. 15Q-075:
Description/Background: Procurement advertised a Request for Qualifications
(RFQ) for a minimum of two (2) qualified architectural firms to replace the County's
current architecture firm contracts expiring May 16, 2015. Five (5) firms responded;
the Selection Committee (Mike Bates, Dennis Garraty and Larry Starkey)
evaluated all proposals, and per Florida Statutes' Consultants' Competitive
Negotiations Act (CCNA), short-listed the top three (3) firms for presentations. At
the Selection Committee following presentations, the Selection Committee
determined all firms were qualified and capable to perform these services as
needed Countywide; staff is recommending to contract with all three (3) firms. The
Negotiations Team worked with all firms to establish an identical fee structure;
design fees for all projects will be based on a flat seven percent (7%) fee calculated
on the project construction cost. Attached for review is a draft contract; pending
approval at today's meeting, identical contracts will be sent to all firms for execution
as written and upon return, will be forwarded for the County Attorney, Clerk, and
Chairman's signatures.
Budget/Impact: Budget impact - None; selecting the firms carries no budget
impact. Projects assigned to the firms which exceed $50,000 will be brought back
before the Board as a separate project amendment with a detailed scope and fee
schedule for review and final approval.
Recommended Action: Motion to approve recommendation and allow staff to issue
contracts, and upon approval by Legal, authorize the Chairman to execute
contracts with the three (3) firms listed above under RFQ 15Q-075.
Contracts & Agreements/Roads - (7.F.2.) - The Board accepted the following
recommendation from Procurement Services Director Olsen, on behalf of the OCE, to
approve and execute the Standard Fixed Price Agreement Between Owner and
Contractor, upon approval by Legal, with Art Walker Construction, Inc. for the CR 35
shoulder widening/improvements project, pursuant to Bid No. 15B-074:
Description/Background: On behalf of the Office of the County Engineer (OCE),
Procurement advertised a bid for shoulder widening and improvements, including
minor drainage and slope corrections for CR 35 from NE 35th St to south of SR
Book U, Page 341
May 19,
5
Three (3) local contractors returned
that this contract be
received follows:
and it is Don Atwell's
low bidder; a tabulation of
contract is attached for review; pending approval at today's meeting, it will
to the contractor and when returned
approved by Legal, will be routed
Clerk, and Board Chairman's
,000, and by Florida
is within the estimated construction
bonding to ensure work is done
contract.
as approved in FY
11,481
contract, and with approval by Legal,
with Art Walker Construction, Inc.,
15B-074.
and allow staff to
the Chairman to execute the
1f'\\Ai'':::><:!T responsive, responsible
The Board accepted the
following recommendation from Procurement
Olsen to approve and
Amendment to the Agreement, upon approval by Legal, with Accurate
Inc. (Contractor), to provide background screenings for employees,
1:
pursuant to
for Proposals (RFP) No. 11
15
, the Board approved a
Description/Background: At its April 21,
(ABC) for its first renewal term
renewal with Accurate Background
award. After the amendment
or modi'fications 'from the orig
ABC, Procurement was notified
II screening charge for Parks
participating in
summer
programs will increase; costs
on from the State, and
our current billable rate from $42
will need
unknown at this
II background
a
and may have
but because the contract now
potential to exceed $50,000, Procurement is bringing this modified contract
back before the Board with the
noted.
Approving today's item replaces the previously
April 21 ,2015, item 7E2.
Budget/Impact: Neutral; estimated annual
of $50,000, however the
depends on the number of
required to be additionally
Action: Motion to approve
renewal and authorize staff
the firm the revised First Contract Amendment, and upon return and
by Legal, authorize the Chairman to
Contracts & Agreements/Utilities
recommendation from Procurement Services
Utilities (MCU), to approve and execute the Standard
U
Board accepted the following
, on behalf of Marion County
Agreement Between
May 19, 2015
Owner
Contractor, upon approval by Legal, with Boyle Construction, Inc.
(Contractor), for the Salt
Wastewater Treatment
canopy purchase and
installation, pursuant to Bid No. 1
(MCU).
Description/Background: On behalf of Marion County
a bid for
and installation
a
for its Salt
VWJTP facility. Three (3) contractors returned offers,
the Negotiations
a pre-award meeting with
lowest bidder to
value eng
(VE)
the construction
of $55,000. It is Director
options as this project
Mellinger's recommendation that this contract be awarded to the low bidder
on the tabulation below:
",;,nClc,,",n
, Bo Ie Construction, Inc. Ocala
Corinthian Builders, Inc.
Mark Construction
to prove
purchasing
.
f"f"\rITr~I"T must be written
then Procurement
MCU will facilitate the
deductive change order for
building, reducing the contract by an additional
$3,500 for sales tax and
contractor-offered savings. All together, the project
will
reduced by $9,000 from Boyle's original bid.
Budget/Impact: Neutral; project cost not to exceed
which is a combination
of the contractor's final payout ($45,780) and ODP of the building ($27,895) from
Florida Metal Building.
Recommended Action. Motion to approve recommendation,
upon approval by
allow staff to
Boyle Construction,
lowest responsive,
responsible bidder for 1
(7.F.5.) - The Board accepted the following
Director Olsen, on behalf of the
to
approve and execute the
Fixed Price Agreement Between Owner and
Contractor with Marion Rock, Inc. for drainage retention area (ORA) Maintenance Project
(MP-6), pursuant to Bid No. 15B-1
County Engineer
Description/Background: On behalf of the Office of
Stormwater, Procurement
a bid for major maintenance in four (4)
in
SE quadrant, including but not limited to clearing, grubbing, select tree
removal, repair or replacement of drainage structures,
repair,
offers,
and
Five (5)
conducted a pre-award
to review the
timeframe for
project alternate and
of work, including
completion. It is Tracy Straub's recommendation that Marion Rock be awarded this
contract includin the alternate. The tabulation is below:
=..:::::.::...:.===.:::..-=:::....:.-'.=...:::=.:...:..=..:...:.=.:...::::...:...::::==-
Book U, Page 343
May 19, 2015
The project is within the
construction budget of 1,000. A draft contract
is attached for review;
approval at today's
it will be sent to the
and approved by Legal, will
routed for the Clerk,
contractor and when
and
Chairman's
BudgeUlmpact:
not to exceed
Recommended
Motion to approve
Inc., the lowest
contract to Marion
15B-128.
The Board accepted
Olsen to approve and
following recommendation from Procurement Services
the Project Amendment to the Agreement with Art Walker Construction, Inc.
(Contractor), for Maintenance
(MP-3), pursuant to
No. 120-064:
Description/Background:
Board has approved
with 12 contractors
for various projects involving road and drainage work;
can
selected based
on lowest quote, area
or on a rotating
On behalf of the Office
the County
Stormwater,
all12 pre-qualified for major maintenance
quadrant; three (3) submitted offers,
award of this
Walker Construction Contractor
Art Walker Construction, Inc.
Hamlet Construction, LLC
GWP Construction, Inc.
$ 92,749.80
The project is within the
construction budget of $82,000. A draft contract
is attached for review;
ing approval at today's
it will be sent to the
contractor and when
and approved by
will
routed for the Clerk,
and Board
The work
but is not limited to pipe
structure cleaning
sinkhole repair,
removal and swale
grading.
BudgeUlmpact: Budget
- Neutral; the total
this project shall
ovr-.oo,.., $57,499.99.
Recommended Action. Motion to approve recommendation and allow staff to
contract, and upon approval by Legal, authorize the Chairman to execute project
amendment with Art Walker Construction for the Countywide Guardrail Repair
project under RFO 1
The Board accepted the
Procurement Services
Olsen to approve
the Agreement lje'[wE~e County and Contractor, upon approval by Legal,
CHW,
; b) Davis Dinkins
following firms:
, PA; c) Greenman
Inc. (GPI); d)
Development
Kimley-Horn
ASSO(~lates, Inc.; f) London
and Associates, Inc.; g) Michael W.
Company; i}
& Associates,
, Inc.; h) Moorhead
and j} Tillman and
Engineering, LLC to
civil/site engineering
for miscellaneous
pursuant to RFO No.1
1:
Book U
May 1
2015
Description/Background: Procurement
(RFQ) for qualified firms in civil/site engineering to
expiring
Ma5' 16, 2015. Fourteen (14) firms responded;
(Jim
Couillard, Gail Mowry and Elton Holland)
ranking them.
The Selection Committee determined the
firms were all
be used by any
qualified and capable to perform
department for civil/site engineering work.
County Administrator Mounir
Bouyounes recommends award with all ten (10) firms.
worked with all firms to establish a common
The term will be for five (5)
with
pending mutual agreement by both
TT~I"n.:,,., for review is a copy of a
for
meeting, identical contracts will
to all firms
upon return, will be forwarded for
County Attorney,
signatures Budget/Impact: None;
which
,000 will
back before the Board as a separate project amendment with a
schedule for review and final approval.
Recommended Action: Motion to approve recommendation
aJlow
contracts, and upon approval by Legal, authorize
Chairman
contracts with all firms above under RFQ 15Q-051.
Contracts & Agreements/County Employees (7.F.B.)
the
, on
of
following recommendation from Procurement Services Director
Human Resources, to approve and execute the Engagement
with Vuchanan
and
Ingersoll & Rooney, PC, to provide legal services in connection with
employment relations, pursuant to Contract No. 15C-125:
Description/Background: On behalf of Human Resources (HR),
presenting the attached draft of Buchanan Ingersoll &
Relations Engagement Agreement to the Board for review and
has provided services for the County under the name Fowler White
since 200B, however has recently gone through an
name change, and billing rate adjustment;
agreement.
One (1) original of the agreement is being presented for
signature, pending approval at today's meeting. The
presented to, and approved by County Attorney, Guy Minter.
by
Budget/Impact: Neutral; actual costs are unknown
labor issues as they arise.
execute the contract with Buchanan
following recommendation from Procurement
approve and execute the Standard Fixed
Contractor, upon approval by Legal, with Art Walker Construction, Inc.
Highway 316 pipe and swale project, pursuant to Bid No.1
112:
Description/Background: On behalf of
of
County
Stormwater, Procurement advertised a bid for repairs and
u,
345 May19,2015
stormwater pipes, swales and appurtenances located on E Hwy 316 near NE
142nd Ct, specifically two (2) 24" pipes which are failing and need to be replaced.
Two (2) local contractors returned offers, and it is Tracy Straub's recommendation
that this contract be awarded to the low bidder; a tabulation of bids. received
follows:
Firm Name - City
Bid
Art Walker Construction, Inc. - Lowell
$ 57,418
$ 169,734
C.W. Roberts Contracting, Inc. - Ocala
The project exceeds the estimated construction budget of $34,000, possibly due
to the need to complete the work with such a short construction period. This is the
second time this project was bid out, and Art Walker's bid is the lowest received
between the two (2) advertisements.
Budget/Impact: Neutral; project cost not to exceed $57,418 as approved in the FY
14/15 budget.
Recommended Action: Motion to approve recommendation, and upon approval by
Legal allow staff to issue purchase order to Art Walker Construction, Inc., the
lowest responsive, responsible bidder for 15B-112.
Purchasing - (7.F.1 0.) - The Board accepted the following recommendation from
Procurement Services Director Olsen, on behalf of Fleet Management, to approve
purchases of $50,000 and over and authorize staff to issue a Purchase Order to
Automotive Development Group (ADG) to provide and install a heavy duty lift, pursuant
to Bid No. 15B-1 01:
Description/Background: On behalf of Fleet Management, Procurement advertised
a bid for a contractor to provide and install a hydraulic four-column post lift to
enable Fleet technicians to service heavy duty vehicles like fire engines, dump
trucks and loaders. Only one (1) response to the bid was received from Heavy
Duty Lift & Equipment Inc, and at $89,900, it exceeded the budget, and was
rejected. Fleet staff researched and was able to provide three (3) contractor quotes
for the work, outlined in the tabulation below'
Company
Bid
$ 59,969.66
Automotive Development Group
Flamingo Shop Serv
$ 68,411.74
Rotary Lift
$ 68,015.55
The cost is within the estimated budget of $65,000. Pending approval at today's meeting, a purchase order will be issued to the contractor. Budget/Impact: Neutral; purchase and installation cost not to exceed $59,969.66. Recommended Action: Motion to approve and authorize staff to issue purchase order to ADG for the purchase of the lift under bid 15B-101. County Employees/Insurance - (7.G.1.) - The Board accepted the following
recommendation from Human Resources Director Tart, on behalf of Risk and Benefit
Services, to approve renewal of the group dental insurance with Florida Combined Life
(FCL), effective October 1, 2015:
Description/Background: Florida Combined Life (FCL) is the County's current
Group voluntary dental plan provider. They continue to provide good service to the
employees and have worked with the County to evaluate and restructure the
Page 346, Book U
May 19, 2015
Dental plan to
in keeping the plan affordable while still providing appropriate
coverage.
current two dental plans, a
The proposed
a 5% increase includes
low option and a high option. The plan
and coverage encourages
employees to use
providers to obtain
most cost-effective
Employees and rOTI,ro.:~c pay
The Group
plan is a Voluntary Insurance
100% of the
."",""""'.., and retirees
100% ofthe premium
. Budget Impact: None,
to be $1,099,676
Recommended Action: Motion to approve Dental Insurance renewal with
Combined Life to
October 1, 201
=-=:'=':"':':::..L-='-'-=-:..:::...z...:::::c=.:..:...==..:...::=== (7.G.2.) accepted the following
on behalf of Risk and I-<"" .... ""''IT
recommendation from Human Resources Director
Services, to approve
group voluntary vision insurance with 20/20
, Inc., effective
1, Description/Background: The FY2016 proposed
from 20/20 in rates. This is the represents no
guarantee period, Group Vision plan is a voluntary benefit
premiums are paid 100% by the
s,_ _ _--=-_ _ _ _ _ _---,_ _ _ _ _ _ _ _ _ _---,
employe,-ec:-
Budget Impact: None. Employees pay 100% of $153,000. Recommended Action: Motion to approve
Voluntary Group Vision insurance with 20/20
plan to
effective October 1, =-=:":::..:...:..:..J'--=:"':"':=~=":':":":'=-=:":'=
accepted the following
(7. G. 3.)
recommendation from
Resources Director
on behalf of Risk and Benefit
to approve
of the group life
with Standard Insurance
1
Company, effective October 1,
Description/Background. The FY 2016 proposed renewal from Standard Insurance
yearof a three year
Company
no increase in rates. This is
rate guarantee period.
Basic and Accidental
and Dismemberment
paid 100% by
coverage provided to
employees is one
County.
Supplemental
increments up to a
coverage is available
$300,000
maximum
a guaranteed
5X salary or
available. The Employee
$150,000.
insurance of $10,000 is
Supplemental
Life rates, paid 100% by employees also remain
unchanged.
Retirees continue
option to keep 100% of
Basic and Supplemental
premium, based on an
coverage at
time of retirement and pay 100% of
step rate. Employees retiring prior to October 1, 2009 are able to keep $10,000
-
Book U, Page 347
May 19, 2015
the group composite rate with all other coverage based on an
of $176,897. Total Group life insurance premium is
with anticipated contributions from employees and
to Marion County of $176,897 whicrl is included in the
the Group Life Insurance renewal with
October 1, 201
(7.G.4.) - The Board accepted
Resources Director Tart, on behalf of
long term disability (LTD)
October 1, 201
FY2016 proposed renewal from
in rates. Standard is the county's current
Disability
company and has provided excellent
to Marion County and their employees for many years. This is
year of a
rate guarantee period.
REN
CURRENT RATE
per $100 covered payroll .295 per $100 """"''''''(l
Expenditure of $308,195. Total LTD premiums are
$308,1
which is included in the FY2016 Budget.
Recommended Action: Motion to approve the Long Term Disability
with
Insurance Company to be effective October 1, 201
=:":"'::':"':='-=-:......:.;:;L:"':::=:...:..!.========-'--'-'=:":"':"<- - (7. H.1 .) - The Board ac(~eotea
from Deputy County Engineer Don Atwell, OC
3 located in the Forest Lake Campsites area as surplus and
the
with
to an adjacent owner; also, approve
with Francois R. Jean and Deed to same:
......... ,..." .... round: This is a request to declare
Campsites as Surplus and approve the
amount of $1,799 with approximate
1.60. Additionally, staff recommends approval
approval of the F.S. 1
Marion
- 000001 -
1
the same.
=:..:...=.:...::=.....:::;;...;;....;.;;;;t.:..===.:...:.....:.=====.:..:....== - (7.H.2.)
The
from Deputy County Engineer Atwell,
to adopt
execution of the Off the State Highway
Program Agreement Between the
of Florida
(FOOT) and Marion County with
for
construction
Bypass) North Phase (from CR 25 to
35):
Page 348,
U
May 19, 2015
Description/Background: The County is seeking to enter into a TRIP Agreement
with FOOT for reimbursing the County for construction costs associated with the
captioned project. The project generally includes the construction of approximately
3.3 miles of a new four lane divided highway from County Road 25 to State Road 35. Also, side street reconstruction will be required of short segments of CR 25 and SE 11 oth Street. FOOT has allocated up to $6,659,779 as a 50/50 match for construction related services, with the County being reimbursed for those expenditures. The remaining construction related costs are to be paid by the County. Budget/Impact: Neutral; expenditures up to $6,659,779 as a 50/50 match for construction related services; just seeking approval of LAP Agreement at this time. Recommended Action: Motion to approve the attached Agreement and Resolution, and authorize the Chairman and Clerk to execute same. Contracts & Agreements/Deeds/Surplus Property - (7.H.3.) - The Board accepted
the following recommendation from Deputy County Engineer Atwell, OCE, to declare
Parcel No. 2986-007-012 located in Shady Wood Unit 2 as surplus and authorize staff to
proceed with sale to an adjacent owner; also, approve and execute the Sale & Purchase
Agreement with Kenneth & Virginia Campbell and Deed to same:
Description/Background: This is a request to declare Parcel #2986-007-012
Located in Shady Wood Unit 2 as Surplus and approve the attached Sale and
Purchase Agreement in the amount of $500.00 plus closing cost. Additionally, staff
recommends approval of this sale to an adjacent owner and request approval of
the F.S. 125 Deed between Marion County and Kenneth Campbell and Virginia
Campbell.
Budget/Impact: Sale of Surplus Land - 000001 - 0001 - 36400022 - $500.00.
Recommended Action: Motion to approve the request to declare Parcel #2986
007 -012 Located in Shady Wood Unit 2 as Surplus, approve the attached Sale and
Purchase Agreement and Deed and authorize the Chair and Clerk to execute the
same.
Contracts & Agreements/Deeds/Surplus Property - (7.H.4.) - The Board accepted
Parcel No. 2982-009-001 located in Cedar Hills Addition No.2 as surplus and authorize
staff to proceed with sale to an adjacent owner; also, approve and execute the Sale &
Purchase Agreement with Toney K. Tuten and Deed to same:
Located in Cedar Hills Addition No 2 as Surplus and approve the attached Sale
and Purchase Agreement in the amount of $500.00 plus closing cost. Additionally,
staff recommends approval of this sale to an adjacent owner and request approval
of the F.S. 125 Deed between Marion County and Toney K. Tuten.
009-001 Located in Cedar Hills Addition No 2 as Surplus, approve the attached
Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to
execute the same.
Book U, Page 349
May19,2015
Contracts & Agreements/Deeds/Surplus Property - (7.H.5.) - The Board accepted
Parcel No. 2982-009-020 located in Cedar Hills Addition No.2 as surplus and authorize
staff to proceed with sale to an adjacent owner; also, approve and execute the Sale &
Purchase Agreement with W. Keith & Carol J. Crosby and Deed to same:
Located in Cedar Hills Addition No 2 as Surplus and approve the attached Sale
and Purchase Agreement in the amount of $750.00 plus closing cost. Additionally,
staff recommends approval of this sale to an adjacent owner and request approval
of the F.S. 125 Deed between Marion County and W. Keith Crosby and his wife,
Carol J. Crosby.
009-020 Located in Cedar Hills Addition No 2 as Surplus, approve the attached
Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to
execute the same.
Contracts & Agreements/Resolutions/Roads - (7.H.6.) - The Board accepted the
to adopt
following recommendation from Deputy County Engineer Atwell, OC
Resolution 15-R-148 authorizing execution of the Local Agency Program (LAP)
Agreement with FOOT for the design, environmental mitigation and construction (design
build) of the Santos Gap Trail (from SW 49 th Avenue to Santos Trailhead) project:
Description/Background: FOOT is seeking to enter into a LAP agreement with Marion County for work associated with the design and construction of the captioned project. A design-build procurement method will be employed. The project generally consists of 12+/ - miles of paved trail, extending from SW 49 th Avenue to the Santos Trailhead. Construction will be on FDEP's Greenway property and in County right-of-way, crossing 1-75 at the Landbridge. Budget/Impact: $3,450,000 in reimbursable expenses; seeking approval of LAP Agreement at this time. Recommended Action: Motion to approve the attached Agreement and Resolution, and authorize the Chairman and Clerk to execute the same. Contracts & Agreements/Resolutions/Roads - (7.H.7.) - The Board accepted the
following recommendation from Deputy County Engineer Atwell, OCE, to adopt
Resolution 15-R-149 authorizing execution of the LAP Agreement with FOOT for the
design, environmental mitigation and construction (design build) of the Land Bridge Trail
Gap (from SR 200 to SW 49 th Avenue) project:
Description/Background: FOOT is seeking to enter into a LAP agreement with Marion County for work associated with the design and construction of the captioned project. A design-build procurement method will be employed. The project generally consists of 6+/- miles of paved trail, extending from SR 200 to SW 49 th Avenue, and includes an underpass of CR 484. Construction will be on FDEP's Greenway property and in County right-of-way. Budget/Impact: $3,350,000 in reimbursable expenses; just seeking approval of LAP Agreement at this time. Recommended Action: Motion to approve the attached Agreement and Resolution, and authorize the Chairman and Clerk to execute the same. Page 350, Book U
May 1
2015
====-=....:....:.o;==.!-:.:.:...:..::.=..:.....:== -
(7.H.8.) - The Board
recommendation from
County Engineer Atwell, OC to approve
with Dinkins & Dinkins, Inc. and CLD Properties
1-02 associated with the NE 35 th .... ,.r'oo,.
round:
is a request to approve and
a purchase
amount of $1,023,000 plus closing costs for the acquisition of a
agreement in
one (1) acre and four (4) acre commercially zoned parcels associated with
35th
Street
1A Road Improvement Project. The two (2) parcels are 1"'\I"'.:l,TOi"'1
northeast corner NE 35 th
and West Anthony Road and are
for right
way as well as a Water Retention Area for the proposed I"'f"'Ir,~trl
project. Our initial appraisal was in the amount of $600,000 wh
property
owner obtained an appraisal in the amount of $1 ,300,000. We obtained a ~o/"'f"'In,1"'!
appraisal
came in
$895,000, which we ultimately .... o~.,I'\T'
in
amount
The appraisers utilized similar
highest and
subject and are located within
same corridor
including
NE 35th Street and CR 200-A (Jacksonville
negotiated
includes
property owner's Attorney
$90,000
$8,000
appraisal. There is savings this
to
cost that occur during Budget/Impact:
closing
Recommended
to authorize the
2 - 126-1196-561301 - $1,023,000 (plus
: Motion to approve the attached purchase
and Clerk to execute the same.
reement
===::...=..:..=.:...=:.:..:...:..:::~::...!...!..:===-.:..::=-.:.;== - (7. H. 9.) - The Board
following recommendation "from Deputy County Engineer Atwell, OC
Resolution 1
authorizing execution of the LAP Agreement with
design and environmental
related to the Pruitt Trail Connection
to SR 200) project:
Description/Background: FOOT is seeking to enter into a
Agreement with
Marion County for
costs associated with the captioned project.
by in-house personnel, generally consisting of 8.7+/
The project will
miles of paved trail,
from Bridges Road (near Dunnellon)
Permitting and mitigation is anticipated, and the environmental consulting
mitigation
will be sub-contracted to an outside consultant. The
Greenway and Southwest
intended to
built on
Management
(SWFWMD)
with FDEP negotiating with one
the route.
Expenses; just seeking approval of
. Motion to approve the attached Agreement
and Clerk to execute the same.
- (8.A.) - County Attorney Matthew
Minter
presented the following recommendation regarding the auto liability settlement of
Quessi versus (vs) Marion County in the amount of $70,000 to be paid from
liability self-insurance fund.
Book U,
May 19, 2015
. Marion County is currently involved in an Auto Liability
Marion County, occurring from a Marion County
on February 10,2011. A closed session was
settlement of $70,000. County Attorney
Ron Slonaker and Risk and Benefit Services
pending authorization by the Board of County
..... """' ......1'
is $70,000 to
from the Auto Liability self-
Motion to approve the Reuben Quessi Auto
$70,000 and to be paid from the Auto Liability selfA motion was
by Commissioner Bryant, seconded by Commissioner Arnett,
151 approving the auto liability settlement of Reuben Quessi vs
to adopt Resolution 1
Marion County in the amount of $70,000 to be paid from the auto liability self-insurance
fund and directing
to
necessary steps to effect settlement.
The motion was unanimously approved by
Board (5-0).
=~=-:'--!...:::=~..:...::::;:.!....!:::===
-
(8.B.) - County Attorney Minter presented the
tax certificates:
Description/Background: Florida Statute, Sec. 197.501 (3), provides:
county in which the property described in the certificate is located shall
=~"':'="--="'::=:..!....:::=':::::""::::"':""=':":""'::::"::::'=':"':'::..L-!.="'---"'-"'-'-"=== on property valued
property appraiser's most recent assessment roll,
$5,000 or more on
payment tax certificates, and may apply for tax deeds on
on property valued at less than $5,000 on the property
most
assessment roll. The application shall be made 2
years after April 1 of the year of issuance of the certificates or as soon
Upon application, the county shall deposit with
applicable costs and fees as provided in subsection (1),
any money to cover the redemption of other outstanding
the property.
to the Board of County Commissioners, the Marion
provided a list of 332 parcels of real property,
$5,000.00,
which Marion County owns tax
as to which
hold tax certificates going back to the 2008 tax
list
A. Those privately owned tax
1 if no application for a tax deed is
on
apply for
is a $150 per parcel
the 185 parcels equals $49,800.00.
the County has thus far
applied
a
on Exhibit A. While I have found no case
to a suit for damages for failing
by
statute, there is case law that
conclusion that
County may
subject to an action for a writ
compel
County
its statutory duty.
the Board's attention because the County must
I am
required payment
Tax Collector before the end of May in
to apply for
,",L"JIC;,','
Page
U
May 1
2015
on the listed properties. Note that the $150.00
For those parcels that
all
of $625.00 per parcel
advertising and the Clerk's
as you can
the
as much
of going to a tax
on all 332
as $207,000.00.
None.
Action: Motion to apply for a tax deed for
and
application
the payment to the Tax Collector of the requ
nty Attorney Minter advised that it will cost the County
$49,800
to
application for the tax certificates; however, jf certificates go through to sale
County will recover any funds expended.
A motion was made by Commissioner Bryant not to apply for a
for the
listed
discussion ensued.
County Attorney Minter stated some of the parcels are already owned by
County,
no application will be necessary.
Commissioner Bryant withdrew her motion.
Bryant requested Mr. Minter bring back information
incurred by
beginning of the Zoning meeting, in regard to the
County from
tax certificates.
(Ed. Note: This matter was again discussed later in the meeting.)
(Walk-On) - County Attorney Minter commented on a
with Right of Way Manager Shawn Hubbuck, aCE, regarding an
domain case
to the SW 42 nd Street Flyover project, which was
construction easement was
on a
on the easement. He requested Board consensus
for
at 2:00 p.m. today, prior to the
general consensus of the Board to concur.
was again discussed later in the meeting.)
==..:...:.=:...:.=
(9.A.) - County Administrator William under the Administrative Update, as noted below. ===.:...:..::..L-:....:.=:...:..==.:..==.:...! -
==':"':"~::.:..:..:.J=I"I~'I'=;);:='c!
-
(9.A 1.) - Mr. Kauffman referred to Item 13A 1 relating to his
Northey as Marion County's Information Systems Director.
==':"':":::..J-..:=.:...:J=~= -
(9.A2.) - Mr. Kauffman advised that today will be Fiscal
last BCC meeting, noting he will soon be retiring. He thanked
Mr.
for his dedicated service, noting he was very instrumental in helping the
County through
recent recession.
John
~~!.!:!.l:!.~~~~
ron '" rri
(9.A3.) - Mr. Kauffman addressed earlier Board discussion
by Ms. Ward to keep 4 potbelly pigs on her property, which is zoned
-
nllr'","",
Director Sam Martsolf advised that the matter was brought
case by a neighbor who complained, noting the subject
Book U,
May 1
15
in the Concordia subdivision.
staff is willing to
Ms.
Special Use Permit process.
In
to Commissioner
Mr. Martsolf stated it is a matter of how
as a domestic pet or livestock.
are kept as to whether or not they are
(9.B.) - County Administrator Kauffman
on
the following recommendation from Human Resources Director
& Benefit Services, regarding health insurance renewal with Florida Blue
Description/Background: Risk and
meetings, including representatives from
monitor the County's insurance claims
premium is driven by the Group's
Services conducts monthly insurance
Constitutional Office, to
The Group Health
experience on a rolling 12 month
on
Group's
twelve months, am,eo renewal was
increased primarily to high costs claims,
hospital utilization, and healthcare reform.
Healthcare Reform Affordability
3% and 4%. Following
(ACA) taxes and fees are
Blue, through Bob Taylor-Marion
with Administration and
County Employee Insurance Agent,
Blue agreed to provide a 10% renewal.
Additionally, Marion County was in a 3 year ProShare Agreement with
for the period October 1, 2011 through September 30, 2014.
provided for an annual accounting of Earned Premium, Incu
Administrative charges. If
Premium at the end of the
period was greater than the sum
Incurred Claims and Administrative
of the excess was to be
Marion County. The annual accounting,
f'T1"\,'n-o<:,f'1 in January, for
Agreement period
a
to
15,679. This refund is included in
County in the amount
16 Health
and is being used to offset
overall
the Health Insurance budget
proposed renewal includes
on October 1, 2014;
financial commitmentto funding
position and $100,000
dollars; and
nClnC:""'T enrollment system.
proposed renewal, current employee contributions, $15 monthly employee
Wellness program incentive,
utilizing the ProShare refund of $1,41
an approximate
$1,675,979 to the total Health Insurance
proposed renewal was
and unanimously approved by all the
Constitutional Officers.
will continue to
of the current three plans including the
option to choose a less
160/61) Health Savings Account (HSA)
plan, a mid-range
1) plan, or choose the more
buy-up plan The majority
employees are enrolled in the middle
proposed except for any
. There are no plan
plan,
regulation changes that apply
Book U
May 19, 2015
county's wellness program encourages annual exams and early intervention,
healthy eating, physical activity,
a healthy, emotionally balanced lifestyle for
employees.
renewal and estimated
includes the $15 monthly Wellness
Program incentive given
employees who complete all
requirements of the
productivity
over
program. Healthier
result in
the long term should assist in mitigating healthcare
and pay 1
of the premium. Medicare
are eligible
the Group
eligible
also have an option of choosing a less expensive Blue Med
Advantage plan.
The estimated group health
Budget/Impact: Expenditure of $1
382,208 with anticipated
and
nce premium for FY2016 is
contributions of $4,720,1
Wellness program incentives of $81 ,000, and
as the
impact to
the ProShare refund of $1,41
leaving $1
budget.
Florida
proposed
with
Plans, Wellness program and incentive money, current employee payroll
contributions, and
the
refund to
the total
allocation
1, 201
to be effective
Risk &
Services Manager Sheri Wiley advised that
recommends
renewal of the County's group health insurance with Florida Blue. In reviewing the claims
experience over
past 12
the
renewal was looking at a 15% to 18%
Several contributing factors
the increase renewal include items such
approximately 40% from last year, as well as high
medications, which is
claims that equaled approximately 32% of the
group claims. Healthcare reform
in the overall
After
the estimated
equals about 3% to 4% of
renewal
staff met with
company and was able to negotiate a 10%
this time. Additionally, the renewal also
increase, which is what is being presented
includes another 3
Share
which provides the County with 50% of
any profits gained during the
period, noting this year's refund equals $1
million, which is included in the
budget
for FY 2016
reduce the
budget allocation that goes
all departments.
proposed
in cost to employees
Commissioner
commented on
flat co
for emergency room
visits and questioned if it could go back to
that it could
changed; however, every change
the County
pay. Ms. Wiley
will cost
in premium.
stated it is
costly for
County to approve
and co-insurance rather
a flat co-pay.
the plan requiring employee
Commissioner Moore advised that
are times when an employee
not
have a
but to utilize Shands
and
staff bring back a fourth
option plan that will allow a flat co-pay
any ER visit.
General
ensued.
Andy
Strategic Account Executive
Florida
Jacksonville, advised
addressed
buythat the three plans all have a maximum out pocket limitation.
up plan, which has a maximum out of
liability of $3,000 per member or
000 for
the family that will occur for that calendar year. He recommended the County stay with
only three plans and stated he will provide Ms. Wiley with the information in regard to
to include
flat co-pay
into the
U, Page
May 19, 2015
It was
consensus of
staff to bring back more information
emergency room
cost from
three plans and
for changing
a flat copay.
Board
the following
Advisory Committees - (10
recommendation from Executive
Nadja Griffis, BCC Office, regarding the
Marion Oaks MSTU for General Services Advisory Council:
Description/Background: Mr. Ron Nickolett has tendered his resignation from the
Marion
Municipal
Unit for
Services
term expires
Recommended Action: Request approval
accept
and advertise one
(1) vacancy for unexpired term.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore,
to accept the
of Ron Nickolett from the Marion
MSTU for
Services Advisory Council, as well as
the letter of appreciation, and
vacancy. The
was unanimously approved by the
0).
- (1
The Board
the following
Executive
Griffis, BCC
Springs Shores
District Advisory Council:
Description/Background: The MSTU/Assessment
has
notification that Ms. Mary Black
away recently. Her term expires on
November, 2018. Advisory council members are appointed by the BCC to serve
until
next
election. Members are elected by the qualified voters of the
district that time.
None.
of vacancy
Recommended Action: Motion
to
a
unexpired
A motion was made by Commissioner Bryant, seconded by Commissioner
to authorize advertising vacancy. The motion was unanimously approved by the
(5-0).
Commissioner
out at 11 . a. m.
Advisory Committees - The Board considered the following
recommendation
Executive
BCC
regarding
Marion
County Hospital
Board of
J. Strack's
expires on
30. As it Description/Background: Mr.
is Mr.
first term, he is
to apply again. Budget/I
None. Recommended Action: Motion to approve placement of a notice of vacancy on the Ocala Star Banner. Marion County Hospital District Board of Trustees in
A motion was
by Commissioner Moore, authorize
was unanimously approved by
Board
(4-0).
Page 356, Book U
May 19, 2015
Insurance/Suits - (11.A.) - The Board considered the following recommendation
from Senior Assistant County Attorney Dana O. Taylor regarding Randall Futch vs.
Marion County:
Description/Background: Marion County is currently involved in a Workers'
Compensation claim by Randall Futch, who was employed with the Fire
Department. The claimant had multiple accident dates. His employment ended in
October 2010.
Florida Statutes, 286.011 (8), provides for Closed Meetings with the Board, the
County Administrator, Matthew Minter, County Attorney, Dana O. Taylor, Senior
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 2,2015 at 8:30 a.m.
Budget/Impact: The only impact will be the court reporter and defense counsel fees
which are included in the current budget.
Recommended Action: Motion to approve the closed meeting to discuss settlement
negotiation and/or litigation strategy in the case of Randall Futch vs. Marion County
on June 2,2015 at 8:30 a.m.
A motion was made by Commissioner Moore, seconded by Commissioner Bryant,
to schedule and advertise a closed meeting on Tuesday, June 2, 2015 at 8:30 a.m. to
discuss settlement negotiations and/or litigation strategy in the case of Randall Futch vs.
Marion County. The motion was unanimously approved by the Board (4-0).
Districts/Ordinances/Resolutions - (11.B.) - The Board considered the following
recommendation from ACA M. Stuart McElhaney, Marion County Fire Rescue (MCFR),
to consider the Fire Rescue Assessment Fee on Monday, June 8,2015 at 10:00 a.m. and
June 22, 2015 at 10:00 a.m.:
Description/Background: On February 17, 2015, the BCC contracted Nabors,
Giblin and Nickerson (NG&N) and Government Services Group (GSG) to conduct
a study regarding the Fire Rescue Assessment. NG&N and GSG has evaluated
the County's assessment roll information and data pertaining to the provision of
fire rescue services, identified the full cost of the fire rescue service and service
delivery issues which may affect the apportionment methodology, will provide the
assessment revenue requirements to ensure the County meets case law
requirements to fund fire services, and calculate proforma schedule of rates based
on the apportionment methodology and revenue requirements.
Staff is suggesting June 8, 2015, at 10:00 a.m. and June 22, 2015, at 10:00 a.m.
for discussion on the study.
Recommended Action: Motion to approve scheduling two workshops; one on June
8, 2015, at 10:00 a.m., and one on June 22, 2015, at 10:00 a.m.
A motion was made by Commissioner Bryant, seconded by Commissioner Arnett,
to schedule 2 workshops on Monday, June 8, 2015 at 10:00 a.m. and June 22, 2015 at
10:00 a.m. to consider the Fire Rescue Assessment Fee. The motion was unanimously
approved by the Board (4-0).
Budgets/Commissioners/Legislature - (ii.C.) - The Board considered the
following recommendation from Director of Governmental Affairs Rickman, Office of
Book U, Page 357
May 19, 2015
regarding continued support for Marion County's
15 budget
round: Since the recent adjournment
both
Florida House
and
both chambers will meet in "special
within the next few weeks
to complete the budget process for the 2015
session. At the
& Smith, LLC,
recommendation of our state lobbyist, John Wayne Smith,
letter has been drafted for consideration
approval for signature
in continuing our lobbying
for support of three budget
(1) 8th Proposed Veterans Nursing Facility in Marion County, (2)
Livestock Pavilion Phase 3 project, and (3) Rainbow Springs Package
Plant Abatement.
• "","'''-lH;;>'
Motion to approve
Delegation requesting support advised that there are some and requested this Item to the Marion County
Chairman McClain requested consensus
be
execute the letter after
necessary revisions. It was the general consensus of the Board to concur.
Zalak returned at 12:01 p.m.
was made by Commissioner Bryant,
by Commissioner Moore,
to approve and execute the letter, with revisions,
Marion County Legislative
requesting support of Marion County's 15 budget requests. The motion was
unanimously approved by the Board (5-0).
staff
=.:.:...:.:::..z.....:::::::.:...:...:.=== -
(12.A.1.) - Commissioner Moore thanked Mr. Schaeffer for
work and dedication.
.=.;::;;..;:=.:..:..::..<-=:..:...=:..:..:'~'~~
(12.A.2.) dedication.
~~§L!::::!~~Ul:.Q9[§!!l§.
- (12.A. 3.) Fund from a procedural
will bring several options for
=:...:...:.:...==:...:.== -
(12.A.4.) - Commissioner
thanked Mr. Schaeffer for
commented on
noting he has been working
.nar':JT.nn during the upcoming
that he has nothing
this time.
==:...::...:..:=.:.....-=..:...-==:.:..::::c.:...= - (12.A.5./Walk-On)
Chairman McClain advised of a
Officers meeting where
was held in regard to the request
for $1.1 million from the Supervisor of Elections
for new voting equipment. He
are 2 options: 1) pay for the equipment upfront; or 2) lease the
equipment over a 3 year period. Chairman McClain
City of Ocala has moved
up to September 2015, which
a little more urgency for the
to purchase and setup the new equipment prior to that election.
He opined that it is prudent for the BCC to move forward and allow the County
Administrator some leeway, up to $400,000 from
to help fund the equipment.
u
May 19,
to
0).
5
A motion was
by Commissioner Zalak, seconded by Commissioner Moore,
the Walk-On Item. The motion was unanimously approved by
Board (5
Clerk Ellspermann
the
and Budget Departments be included in
the matter, noting there is a chance the County will
to replace
$400,000 from
the Reserve Fund.
floor for public comment.
Munoz, Marion Oaks Boulevard, cornmented on the paper ballot process,
which he opined is more secure than electronic equipment.
expressed concern with
rushing to purchase new equipment.
of
Commissioner Bryant noted
new equipment is being mandated by
Florida.
Chairman McClain advised that the public comment portion is now
A motion was made by Commissioner Zalak, seconded by Commissioner Moore,
allow the County Administrator to work conjunction with the Supervisor of Elections
Clerk's Office to
a maximum
$400,000 to begin
uiring new voting
equipment. The motion was unanimously approved by the Board
County Employees - (12.A.6.) Chairman McClain thanked Mr. Schaeffer for his
and the
of Marion County.
(12.A.7.)
Commissioner Bryant thanked Mr.
","o1'tor
for
- (12.A.8.JWalk-On) - Chairman
of
McClain
County policy in relation to the h
a County
motion was
by Commissioner Moore, seconded by Commissioner Arnett,
the Walk-On Item.
motion was unanimously approved by
Board (5
to
0).
Commissioner Bryant advised of several conversations with Human Resources
Director Amanda Tart, noting the Board
a couple of options to consider. One option
is to
the position through
County website, as well
websites such as
, which is
Monster.com,
Builder.com, Florida Association of Counties (FAC),
the
costly option. If that option does not provide
the Board is looking for
then it can hire a headhunter perform a national search.
Chairman McClain opened the floor for public comment.
ue Road, Salt Springs,
the County should
Jack Stackman, NE 248th
perform a national
immediately for both a County Administrator and a
Chief.
Chairman McClain advised that the public comment portion is now
It was the general consensus of
Board to
a search for the County
Administrator position.
Commissioner Bryant opined that it may
beneficial for
County to perform a
search for both a County Administrator and a
Chief at the same time.
General d
County Attorney
advised that department heads work for the County
responsibility
Administrator. Chairman McClain concurred and stated it should be
Book U Page 359
I
May 19, 2015
new County
consensus
Chief. It was
to appoint
Board to concur.
the Board is inclined
requestthat
Commissioner Bryant questioned
to allow the new County Administrator
Chief extend
resignation until
time to review filing
Fire Chief position.
Human
Director Tart commented on the time constraints the County is
facing, noting
recommends the BCC move forward with a headhunter. She stated an
will need to
and once
chooses a firm,
that company will
with the
discuss what it is looking for in a County Administrator.
Director
the
has already put
together an
is
to immediately advertise for a
firm.
General discussion resumed.
A motion was made by Comm
Bryant, seconded by Commissioner
for recruitment
a
to direct staff to dually issue an RFP to provide consulting
in-house.
motion was approved
County Administrator, as well as perform a
by a vote of 4-1, with Commissioner Moore voting nay.
is going to leave things
Commissioner
questioned whether the
"status-quo" until a new County Administrator is hired.
Chairman McClain opined that if Mr. Kauffman
Administrator
then the Board can appoint a new
opined that ACA Mounir Bouyounes can fill the Interim position. Chairman McClain
the County Administrator position, his former
clarified that if Mr. Kauffman does not
position as ACA for Public and Administrative Services is still
for him.
Mr. Kauffman advised that
is comfortable staying as the Interim County
Administrator until
position is filled.
Chairman McClain commented on previous discussion in relation to the
hiring a
Administrator
opined it is prudent at
time to request Ms.
put together a recommendation on
way for the County proceed
Ms. Tart
that there is no
process at
however,
working on revising the Employee Handbook and that process can be included for
consideration.
Chairman McClain commented on the need to address the rehiring of former
handbook, especially in regard to those who are part of the
employees in
ram (DROP) program. He
that if the County
Retirement Option
that has gone through DROP, it should be
Administrator
to rehire an
brought back
BCC for
Chairman McClain also
succession plan
DROP
relating job
being passed onto
employees.
behind the DROP program is
Commissioner Arnett concurred, noting the pu
to train someone take their place.
Chairman McClain commented on the quality of County staff, noting it should be
incumbent upon supervisors to groom
to be able to
their departments.
It was
general consensus
Board to direct Ms. Tart to include
matter
in the new
nc.r'II"'\f,,!
Page 360, Book U
Chairman acknowledged
of May 19 through June 16, 201
the
May 19, 2015
County Administration/County Employees - (12.C.1.) - Jack Stackman, NE 248 th
Avenue Road, Salt Springs, opined that the BCC should concentrate on performing a
national search for a new County Administrator, noting headhunters go out and find the
best talent money can buy.
Grants/Sheriff - (12.C.2.) - Henry Munoz, Marion Oaks Boulevard, referred to Item
4B in regard to the request by the Sheriff to apply for a grant match for BWCs, noting if it
is only a one time deal then the Board should not rush into a long term commitment.
Communications - (13.) - For information and record, the Chairman
acknowledged receipt of the following Notation for Record correspondence, items A and
B from County Administrator Kauffman, and items C through D from Clerk Ellspermann:
County Administrator:
A. County Administrator Informational Items:
1. Board notification of the appointment of Thomas P. Northey as
Marion County's Information Systems Director.
B. Walk On Items from Previous BCC Meeting:
1. May 5, 2015 - PROCLAMATION - Month of Special Olympics
Florida - Marion County Athletes (Approval and Presentation)
Approved and Presented.
2. May 5, 2015 - REVISION - Request approval of revised
Memorandum of Understanding Between the City of Ocala, Marion
County and the Fort King Heritage Association (Budget Impact
None) - Approved.
3. May 5, 2015 - REVISION - Present the Acquisition or Disposition of
Property Forms authorizing changes in statues, as follows: 177060,
34842, 36038, 37694, 46689 and a fiberglass horse donated to the
UFIIFAS Marion County Extension Service and the Marion County
Board of County Commissioners - Approved.
C. General Informational Items:
1. Present Ocala Marion County Chamber and Economic Partnership
(CEP) Activity Report for April 2015 and Performance Matrix YTD
2015.
2. Present Marion County's Federal Legislative Update May 8, 2015
Alcalde & Fay.
3. Present Growth Services First and Second Quarterly Reports for
2015.
4. Marion County Health Department - for the latest edition of 'Marion
Scripts', visit the website at http://www.doh.state.fl.us/chdMarion/
services/newsletters. htm I.
D. Clerk of the Court:
1. Present regular report of utilization for Reserve for Contingencies.
2. Present Monthly Report for the Building Department Budget and
Actual.
3. Present parcel which the County may purchase (within 90 days from
01/28/2015) for the opening bid amounts, pursuant to Chapter
197.502(6)(C), Florida Statues and 12D-13.063(5)(2) of the Florida
Administrative Code.
Book U, Page 361
May 19, 2015
4. E. Present parcel which the County may purchase (within 90 days from
197.502(6)(C), Florida Statues and 120-13.063(5)(2) of the Florida
Adrninistrative Code.
5. Present parcels which the County may purchase (within 90 days from
6. Present parcels which the County may purchase (within 90 days from
7. Present the Acquisition or Disposition of Property forms authorizing
changes in status, as follows: 041065, 041218, 041220, 043239,
043240, 043344, 043882, 043962, 044398, 044756, 044792,
044807, 044876, 045233, R12118B11 (a doublewide mobile home
located at Rotary Sportsplex) and an attached list from Marion
County Information Technology Department.
8. Present memorandum from David R. Ellspermann, Clerk of Circuit
Court and Comptroller, regarding the filing of Ordinance 15-05
(Zoning) with the Secretary of State's Office.
Present for information and record, minutes and notices received from the
following committees and agencies:
1. Board of Adjustment (BOA) - April 6, 2015;
2. Marion County Hospital District Board of Trustees (MCHD) - March
30,2015.
3. Planning & Zoning Commission (P&Z) - March 30, 2015.
4. Southwest Florida Water Management District (SWFWMD) - for
minutes and agendas, visit the website at http://www.Water
Matters.org.
5. St. Johns River Water Management District (SJRWMD) - for minutes
and agendas, visit the website at http://www.floridaswater.com.
6. Transportation Planning Organization (TPO) - for minutes and
agendas, visit the website at http://www.ocalafl.org/tpo.
7. Withlacoochee Regional Water Supply Authority (WRWSA) - for
minutes and agendas, visit the website at http://www.wrwsa .org .
There was a recess at 12:48 p.m . The meeting reconvened at 2:08 p.m. with all members present. Easements/Roads - (Walk-On) - Chairman McClain advised that the BCC has a
few housekeeping items from their earlier meeting to address prior to the start of the
Zoning meeting. He noted the first issue was a Walk-On Item.
County Attorney Minter presented the following recommendation in regard to the
Release of Easement associated with Parcel 10 No. 2380-019-001 in relation to the SW
42 nd Street Flyover project:
Description/Background: Marion County was previously involved in an eminent
domain case for the SW 42 nd Street Flyover; Marion County v. Morgan Ocala
Page 362, Book U
May 19,
5
=.:...:.=:..:...l.....::=~:..:...=-=..:.:...:..::::..:...:::., Case
A Stipulated
a
construction
without a termination date
in the public records of Marion County.
was
The property owner reached out to Right of Way Manager Shawn Hubbuck and
requested to have the
advised
a pending real estate closing
by the end of the month. The roadway
been constructed and open
December 6, 2012.
is no need to continue the
the public
construction easement.
Budget
None.
of Easement as:sO(~la1:ed
with
10 #2390-019-001.
A motion was made by Commissioner Zalak,
to consider
Walk-On
in relation to
of Easement.
motion was
unanimously
by the Board (5-0).
is needed for
advised that a
land
construction of a road project in order to release the temporary
easement.
Chairman McClain opened the floor to public comment.
There
Chairman McClain
that
public comment portion is
now closed.
A motion was made by Commissioner Bryant,
by Commissioner Zalak,
to approve and
the Release of
ing Parcel No. 2390-019-001.
The motion was unanimously approved by the
(Walk-On) - Chairman McClain stated that when
Board
he was advised
an advisory
broke from
noted that Mr. Verando
made some racially incentive remarks on a
board. Chairman McClain
serves on
Development Authority (I
recommended
BCC immediately remove Mr. Verando from the IDA board, as
well as
out a
expressing the
apologies to anyone who may
offended, noting he was offended by the comments.
A motion was made by Commissioner
to immediately remove Mr. Verrando from the IDA
motion was unanimously
rd (5-0).
approved by
Chairman McClain stated he will also send a
to Mr. Verrando and will send
out a media
later today to that effect.
Chairman McClain opened the floor to public
noting the Board felt it was
necessary to handle
matter in a decisive manner.
Henry Munoz, Marion Oaks Boulevard,
whether the comments were
Chairman McClain
it was Mr. Verrando's personal
made on a
he was
by the BCC to serve on
I
. Commissioner Bryant
clarified that
appointed any advisory board is a representative of the BCC and
the comments
do not represent the BCC.
=~=..:::-:.......:...::=~~=-..::===- (8.B.) - In
Minter advised
Marion County
to Commissioner Bryant, Mr.
spoke with Craig SHverman, C
CFCA, Director of Tax Services,
Collector's Office, who needs more time to gather the data requested
Book U,
May 1
2015
in regard to tax
as addressed earlier. Commissioner Bryant stated the matter
can be addressed at the end of the meeting Chairman McClain concurred.
(Ed.
This item is
add
later in the meeting.)
- (14.)
Deputy
Bonvissuto presented Proof of
Publication No. A000860552 entitled, "Notice of Intention to
Adoption of an
Ordinance" published in the
Banner newspaper on May 5, 2015.
Notice
Board will consider adopting an ord
approving zoning
and Special
Permits.
Also present were: ACA Bouyounes, Acting Growth
Director Sam
Martsolf,
Chris Rison, and Kimberleigh (Kim)
Planner II
Cox,
Resource Project
Kevin Smith, Administrative Staff M;:);;)I;:) l,CII
Stephanie
Staff Assistant Kate
County Attorney Matthew
Minter.
The Zoning meeting
Pledge of Allegiance to
Flag of our
Country.
- (14.A.)
recommendation was as follows:
ITEM NO.
OWNER'S NAME
It was
that the Zoning Commission
FROM-TO
1. 150501Z Novia Group, and A-1 to P-RV
32.87
2. 150502Z
E. Smith
M-1 to 8-4 4.00
150503SU
High
Inc.
Permit in
1
Motion was made by Mr. Colen, seconded by Mr. Gaekwad, to
findings and recommendation, and recommend approval of the following Consent
Agenda
(150501 150502Z and 150503SU),
on the following findings
of fact:
1. Will not adversely affect the public
Are consistent with the
County Comprehensive Plan.
3.
compatible with the surrounding land uses.
Motion Da!)se~a 7 to O.
consent !:If'u:.nl"1:!:1 by notified property
150501Z
150505SU were pulled from objections.
Acting Growth
Director
Martsolf
that two
petitions
on the
agenda were recommended for approval by both the Planning Division
Zoning Commission.
stated the consent agenda items will
acted on in one
motion, as follows:
ITEM NO. FROM-TO
1. 150502Z M-1 to 8-4
4.00
2. 150503SU JRA High
Inc.
Use Permit in 8-5
12.68
There
no public comment, Chairman McClain advised that the public
I"r.rnrnQnT portion is now closed.
A motion was made by Commissioner
seconded by Commissioner Moore,
1. and 2.,
on Growth Services Department
to approve consent agenda item 1
staff and
Commission findings
recommendations that
proposed uses are
compatible with the surrounding land
are consistent with the Comprehensive Plan
and will not adversely affect
public
The motion was unanimously approved
by
Board (5-0).
motion approved the
agenda
as follows:
364, Book U
May 1
5
- 1. - (P&Z
1
- Consent)
E. Smith (owner) / H Randolph Klein (applicant),
166th
, FL, for a Zoning
Articles 1, 2 and 4, of the Marion
County Land Development Code, from M-1
on approximately 4 acres of
Account Nos.
1-004-00 and 32391-005-00.
~==::.:..==~~ - (14.A) Commission 150503SU
The Board adopted Resolution 15-R-1
granting a
by Jorge R. De-Arellano/JRA
High Performance Inc. (owner/applicant), 4121 NW
Avenue, Ocala, FL, for a
Use Permit,
1, 2 and 4, of the Marion
Development
security
with office in a B-5 zone on approximately 12.68 acres of
the following Conditions:
Account No.1 11-000-00. Resolution 1
1.
shall be developed and
consistent with
and the
approval.
for
Ocala Grand Prix race
Special Use Permit shall terminate. The new use may
it a new Special Use Permit application for consideration to renew and
this permit.
(1
) -1. (P&Z Commission 150501
The Board considered a petition
by Novia Group
,Joseph R. MoreaulThomas W. & Martha S. Starkey
(owners/applicants), 9389 SW 14th Avenue, Ocala,
a Zoning Change, Articles 1,
2 and 4, of the Marion County Land Development
from
and A-1 to P-RV on
approximately
acres of Parcel Account No. 46055-000-00.
OPPOSITION WITHIN
1 of 17 = 6%.
Project Manager Kevin
advised that both Growth
and the P&Z
approval of
on the
rezone from B-2 (Community
Business) and A-1 (General Agriculture) to
(Recreational Vehicle Park)
adjoining uses consist of an RV
property is proposed to be developed for an RV park
Park in the area
RV
& service. Adjoining
to the south is used for school,
church and agricultural
use to the west is a
agricultural use. Staff found
application
with the Comprehensive Plan and surrounding zoning categories,
as well as developing trends in the area. The
Commission recommended approval
at their meeting on April 27, 2015. A letter of objection to the use as an RV park was
received. The
Development Code (LDC)
a landscaped buffer and wall
("0" Type
the 2 uses adjacent to the
Rodney
Rogers Engineering,
representing the applicant,
appeared and
property will connect to Marion County Utilities (MCU)
sewer
Highway 441.The RV Park will
with underground
power
is aware of buffering
adjoining less intensive
uses and
He opined that
location for an RV park.
In
Commissioner Zalak, Mr.
this is a 33 acre parcel
behind Camping World and the two will not
; however they are adjoined
at the northern boundary.
Roger
, 9 7th Terrace Road,
, questioned if the sewer
services will come from the Del Webb community. Chairman McClain stated that is
=:"':":':"':'..;:;1.-
Book U, Page
May 19, 2015
number
Mr.
stated
will be
correct. Mr. Knechtel inquired as to
plus or minus 350 units.
Farris Cummings, South US Highway 441, Summerfield, opined that his main
the utilities
concern was
addressed in regard to utilities. Chairman McClain
will
coming from Highway 441 and will be underground.
147th
Summerfield, noted his
has
and is
Harold Steele,
fenced with field fencing and barbed
on top. He commented on problems with
climbing over
fence.
In
to Chairman McClain, Mr. Martsolf
the buffering requirements
are for a "0" Type Buffer (15 foot wide vegetative buffer with a 6 foot wall).
Chairman McClain advised
public comment portion is now closed.
Commissioner Moore inquired as the main objection
received. Mr. Martsolf
advised that Mr.
objection was related to buffering. He noted staff was
by another property owner with the same
approached
the P&Z Commission
however,
did not
a letter of objection.
Chairman McClain noted
subject
a fairly
tree
on the
property boundary. Mr.
stated a campground is successful with the more shade it
has, so they will manipulate sites around the existing
. He noted there is no reason
take trees down along
the tree
will support
property line. Mr. Roger
required buffer.
stated they will likely ask
Development Review
(DRC)
to waive the requirement of a wall
a 6 foot vinyl type privacy
Mr.
reiterated
that they have no intention of taking
trees down along the property line and will save
every possible tree within the property boundaries.
He stated
Chairman McClain opined that a 6 foot wall detracts from
did not necessarily support the construction a 6 foot
block wall, but will require
understood. Chairman McClain
staff
a privacy fence. Mr. Steele
include the 6 foot privacy/vinyl fencing as a condition rather than a wall.
Mr. Martsolf
that this is a rezoning and will
difficult to condition;
however,
is present and hears what the Board wants and will not waive that
requirement.
Commissioner Zalak
if the entire property will
fenced. Mr.
stated
the fencing will be installed around those properties zoned agricultural or residential,
church, school, etc.; noting an existing security
is located at
back of Camping
World, as well as between
subject parcel and RV Park, which will likely remain as
are currently. He stated
commercial properties will not be
,the
properties will be
. Basically everything,
for Camping World and
will
fenced.
A motion was
by Commissioner Bryant, seconded by Commissioner Moore,
to approve the Zoning Change from
and A-1 to
based on Growth
Department
the
Commission findings and recommendations that the
proposed use will not adversely affect
is consistent with the
public
with
surrounding
uses.
motion was
Comprehensive
and is
Board
Commissioner Zalak out at 2
~==::":"':"==~c;::L - (14.
- 2. Commission 150505SU) The Board
considered a petition by Samuel and Connie Thise (owners) / Rebecca Cascella
Ave. Ocala, FL, for a
Use Permit, Articles 1,2 and 4, of
(applicant), 4250 S.
366, Book U
May 1
2015
the Marion County Land Development
for a self-contained RV for a security
in a B-4 zone on approximately 2.08 acres of
Account No. 3111-007
002.
PERCENT WRITIEN OPPOSITION WITHIN 300
0 of
::: 0%.
PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made
by Mr. Colen, seconded by Mr. Gaekwad,
with staff's findings and
recommendation, and recommend approval
on the following findings of fact:
1
Will not adversely
the public
2. Is consistent with
Marion County Comprehensive Plan. 3.
Is compatible with
surrounding
uses. The motion passed 7 to O. Acting Growth
Director Martsolf advised that both Growth Services Department staff and the Commission recommended approval of
Special
with the following Conditions:
1.
RV for security use shall be
no closer
25' from all property
high, to
The applicant shall provide opaque fencing,
least 6
sufficiently screen the proposed use from
neighboring residential uses
to
3. security unit shall continue to use the existing
restroom
shower and
not connect
to waste
4. In the event the current use
the site for an Auto, RV
repair
business terminates,
Special Use permit for the security employee
trailer
shall terminate.
Special Use Permit shall terminate on 5/19/2018. A new Special
for consideration to renew and
application may be
this permit.
Mr. Martsolf commented on the application noting the property
historically
., automobile, RVs and mobile homes). The
site of a variety of sales
applicants are asking allow an RV be occupied the rear of
property to
onsite security. A Code
case prompted the application. The RV is not
existing shop
restroom and shower facilities.
hooked up services, as
to the property line, as well as a ditch, was
fact that the RV may be too
u..:><:,c; .... during
Commission meeting. The owner moved the RV further away
from the property
after Code Enforcement
the site.
owner also
the screening
the fence in the back. Code Enforcement found no ditch, nor was the
unit hooked up to any type of services.
Commissioner
returned at
p.m.
Mr. Martsolf
that staff is recommending approval of the application with a
<,or',o,," of conditions.
Sam
South Pine
applicant, was present and noted the reason for
with the property in the
and
the application is security. He commented on
advised that one of his Technicians stays on
property. Mr.
described
service
department at the back
the property, which includes a bathroom with shower.
in the travel
and provides security.
Technician only
floor to public comment.
opined
Robert Cicarelli,
1 Avenue, commented on the application, which
the RV could not provide security since the vehicles facing
should
voided. He
Book U, Page
May 19, 2015
Highway
301 cannot
seen. Mr. Cicarelli noted that no one need live on
security with today's technology (high tech surveillance equipment)
property to
and private security companies.
commented on sewage odors coming from
subject site. Mr. Cicarelli noted
no incident
were filed with MCSO. He
was
to the
opined that
application is fraudulent.
Commissioner Bryant
that she
an email
Cicarelli
the application. Mr. Martsolf
noted that Mr. Martsolf replied to his concerns
clarified that
general confusion was with the
of the corporation versus the
for this application, noting they are not the same people. Mr. Cicarelli stated it was a
voided application according to law. Mr. Martsolf advised that the agent for the Special
i questioned
Use Permit
not have
agent of the corporation. Mr.
Ms. Cascella to
as
agent for
application. Mr. Martsolf advised
legality
permission to
as the agent. Mr.
the owner
the application giving Ms.
Cicarelli
his objection the analogy.
Chairman McClain
that the public comment portion is now closed.
stated
In
to Commissioner Arnett, Mr.
is no water, sewer or
advised that
electric connected to the RV.
a microwave,
shower, toilet and propane for
of similar
with
Zalak
Mr. Martsolf stated
about
a
over
years.
In
to Commissioner Zalak, Commissioner Bryant advised that not all
incidents are reported. Mr. Martsolf stated he is aware of several business owners
that portion
South Pine
that
with
being broken into
routinely.
Zalak
trailer sitting on the property without
being hooked up plumbing
A
was made by Commissioner
seconded by Commissioner
to adopt
15-R-1
granting the
Use Permit with Conditions 1 through
5, based on Growth Services Department
the P&Z Commission findings and
recommendations that the proposed use is compatible with surrounding land
consistent with the Comprehensive Plan and will not adversely
the public nT.::.ro.::or
motion was unanimously
by
(5-0).
"':T'-"l£Ol"
=...:..:.c..:~=~-'---'-"'~~~===..:...;l.- (14.B.) - (15-S01) Board
considered Small Scale Comprehensive Plan Amendment No. 15-S01 by Grahamville
Properties,
(owner) I
Wood (applicant), 1427 East
King Street,
FL,
for a land use change,
1,2 and 3 of
Marion County Land Development Code,
from High
Residential to Commercial, on approximately 1.36 acres
Parcel
Account Nos. 1 1-006-001, 1 1-006-04,-05,-06,-07,-08,-09,-10, -22, 1
11,
12, -23,
Plan
Senior Planner Kim Dinkins addressed the Small
Amendment request for a land use change 12 parcels within Concordia Park
High
Density Residential to Commercial. A concurrent zoning
(14B4 - 1vV,Jv.... L- has
also been requested. She
if the Board would like to
the two
(14B3
and 14B4) together or
In
to Chairman McClain, Mr. Minter opined that the Board can
the
are
when it comes to a
the
presentations altogether as
Page 368,
U
May 19, 2015
motions should be made separately. Mr. Martsolf advised that this item will require
adoption of an Ordinance if granted.
It was the general consensus of the Board to hear the two items (14B3 and 14B4)
together.
(Ed. Note: Discussion of both items will follow; see Item 14B4 for a separate vote.)
Ms. Dinkins advised that the subdivision of Concordia Park is located just north of
the City of Ocala abutting Highway 441. The property is irregularly configured due to a
taking prior to 1960 where some of the frontage was lost along Highway 441, which is the
impetus of this land use and zoning change request.
Ms. Dinkins stated 14B4 (150504Z) is a request to convert an area of what is now
a mixed use; B-2 on the northern 3 parcels and R-4 on the other parcels; altogether to a
B-4 zoning classification. Staff is recommending approval of the Commercial land use
change as it also allows for a residential component, which will allow the owner to use the
mixed zoning of B-2 and R-4 as they currently exist. Staff is recommending denial of the
B-4 zoning change request, but has submitted an alternative approval of B-2 with a
Special Use Permit for a manufactured home dealership. Staff recommended denial of
B-4 zoning change due to the potential intensity of uses that are adjacent to residences
behind Concordia Park, as well as the fact that the lots do not currently meet the minimum
setbacks or buffer requirements for R-4 or B-4 zoning classifications.
Staff spoke with the applicant after the last P&Z Commission meeting and he
appeared to be accepting of what staff is proposing. Ms. Dinkins commented on the
Alternate Approval Conditions for a Special Use Permit.
Chairman McClain clarified that staff is recommending ingress/egress off only 1
street. Ms. Dinkins agreed, noting Mr. Wood proposed the entrance will be located from
NW 83 rd Place, with 7 model homes on the parcels. The property currently has a septic
tank and well and the dealership will extend along the entire frontage of that block.
In response to Commissioner Moore, Ms. Dinkins stated everything to the east of
the subject site is residential. She pointed out the location of the Sheriff's substation.
Commissioner Zalak questioned the depth of the parcels. Ms. Dinkins stated the
parcels are 75 feet wide with a 15 foot buffer, noting the fence will be located on the back
portion of the parcels. She advised that a typical commercial parcel requires a 25 foot
buffer with a wall. In response to Commissioner Zalak, Ms. Dinkins stated Mr. Woods
advised that he can meet the requirements. She noted that staff is recommending a
zoning classification of B-2 is more appropriate than a B-4 zone with a commercial land
use in order to maintain the existing zoning to allow staff to work out some of the logistics
with this entire piece and grant the Special Use Permit for this use (manufactured home
sales) only.
Commissioner Zalak asked if the initial part is to grant the land use and later on
rezone with a Special Use Permit. Ms. Dinkins clarified that staff is recommending a B-2
zoning classification, as it will require some reconfiguring to allow some B-2 uses.
Mr. Minter stated the general thought is that people will not be building homes on
properties facing Highway 441. Ms. Dinkins noted the property is zoned for high density
residential and the R-4 is mixed use residential.
Roger Wood, SE Ft. King Street, applicant, stated he has owned this property
since 1996, which previously consisted of about 300 lots, now known as Concordia Park,
as well as another 40 acre parcel north of the adjoining subdivision. In the 20 years he
has owned the property no one has requested a lot on Highway 441 for residential use.
He advised that over 1,000 vehicles per hour pass the subject site, but opined that it is
Book U, Page 369
May 19, 2015
an ideal spot for an upscale dealership. Mr. Wood noted he submitted a preliminary site
plan and stated the distances will work with the required buffers. He stated as many trees
as possible will remain on the site to make it into a park-like setting . The entire property
will be fenced so that the property can only be accessed from NW 83 rd Place . There is
sufficient room for 7 model homes to face Highway 441 .
Mr. Wood advised that he had an office and 2 model homes on the property until
about 2004 or 2005, which is the reason there is a well, septic and electric that can be
utilized for this proposed model home and office. The model homes will not be hooked up
as they are inventory display homes. He stated he is in the business of providing
affordable homes, which will provide direct and indirect jobs. Mr. Wood stated he will be
selling new homes that are as good or better as those currently in the subdivision he
developed and cannot understand why there will be any opposition to the product.
Commissioner Arnett referred to the conceptual plan and questioned how models
will be moved in and out of the property . Mr. Woods stated the driveway will extend along
Highway 441 and about 20 feet will be needed to move half of a home section in and out
of the site. He clarified that the office model will not be positioned as in the conceptual
plan , but will be placed vertically on the property rather than horizontally. Mr. Wood stated
parking will be available both in front of, and in back of, the office .
Aileen Russell, NW 15th Avenue , voiced her opposition to the zoning change since
the area is all residential and there is no need for commercial. She advised that she visited
all mobile home dealerships within a 10 mile radius and learned that they are not selling
more than 1 or 2 homes per month . Ms. Russell questioned the buffer for her property.
Richard Davis, NW 15th Avenue , commented on traffic on NW 85 th Street, noise
and buffering. He advised that he just purchased 2 lots from the applicant to square their
property off. Mr. Davis stated his opposition .
James Cannon, NW 9th Avenue, voiced his opposition to mixing commercial with
residential , noting there are a lot of children on NW 8th Street. He agreed with earlier
comments .
Paul R. Smith, Jr., NW 14th Avenue, stated he has lived in the neighborhood since
2001 and does not recall an office being on the subject site. He advised that he is opposed
to placing a business in a residential area . Mr. Smith commented on traffic.
James McClain, NW 10th Avenue, addressed the proposed layout and buffer. He
questioned if a convenience store can be put into a B-2 zoning classification. Ms. Dinkins
concurred . Mr. McClain noted his concern with changing the R-4 to B-2 and expanding
for a future use.
Chairman McClain advised that the public comment portion is now closed .
Mr. Woods advised that he had an office on Lot 1 as well as a model home, with
another model home on Lot 13. Evidence that the office existed on Lot 1 is the existing
septic tank, well and power supply. He commented on traffic "from NW 83 rd Place, traffic
patterns, which will not create an issue with NW 85 th Street. The buffer will run the entire
eastern boundary of the subject site; the buffer along NW 15th Avenue and NW 85 th Street
will be fenced and the only access to the subject property will only be from NW 83 rd Place.
Chairman McClain stated he did not see how the use works, but does not disagree
that it will probably not be residential. He noted he does not agree with making the
property B-2 since it will then have a B-2 zoning classification forever.
A motion was made by Commissioner Zalak, seconded by Commissioner Moore,
to deny the Small Scale Comprehensive Plan Amendment No. 15-S01 by Grahamville
Page 370, Book U
May 19, 2015
on
and
that the land use change will
surrounding
adversely
public interest, is not compatible with land uses in
163, Florida
(FS), and the Marion County
and is not consistent with
Comprehensive Plan. The motion was unanimously approved by the Board (5-0).
B.) - 4. Commission 1
- The Board considered a
Wood (applicant), 1
East Ft.
Properties,
(owners) I for a Zoning Change, Articles 1, 2
4, of
Marion County
R-4 to B-4 on approximately 1
acres of Parcel
from
Account Nos. 1461-006-001, 1461-006-04,-05,-06,-07,-08,-09,-10, -22, 1 1-006-011,
12, -23,
ET: 2 of 45 ::: 4%.
PERCENT WRITfEN OPPOSITION WITHIN 300
PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made
by Mr.
seconded by Mr. Jinks, to
recommendation, and recommend denial
1. Will adversely
public interest.
2.
consistent with Marion County Comprehensive Plan.
3.
Is not compatible with the surrounding land uses. Motion
7 to O. Growth
Department staff and the recommends approval for
of the Zoning Change from B-2 and R-4 to B-4;
rezoning
a Special Use
with the following Alternate
1. will be
the provided of fact. 2. A maximum of 7 display models plus the
office is allowed.
3. Special Use Permit will terminate in
event that there is a division or
subdivision of the subject property.
4. owner (Grahamville Properties)
Special Use Permit shall run with
and not the property.
5. shall
19, 2020.
may
Permit Application for consideration to renew and
future.
this permit in
Additional Conditions, post-Planning and Zoning Commission: 6. and egress shall be from NW 83 rd
Place. Ing
is
prohibited from US HWY 441 and NW 85 th
7. A
privacy fence and 1 wide vegetated buffer must
n<:>lnAl£:u::>n the manufactured home sales lot
the residential
Buffering along
HWY 441
determined during the
Development Review
per the Land Development Code.
A motion was made by Commissioner Zalak,
by Commissioner Moore,
to deny the Zoning Change from
and R-4 to
based on Growth Services
Department
the P&Z Com
findings and recommendations that the
proposed use will adversely
public
not consistent with the
is not
with the
land uses.
Comprehensive Plan
was unanimously
by
(5-0).
(Ed. Note:
to Item 14B3 for discussion.)
~'-'-'-=.:...:..==-===~ -
(14. C .) -
Deputy Clerk presented Affidavits
Book U,
Mailing
May 19, 2015
and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and
Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard
earlier in the meeting .
Upon motion of Commissioner Zalak, seconded by Commissioner Arnett, the
Board adopted Ordinance 15-07 amending the Marion County Zoning Map pursuant to
individual decisions made by the Board on each application heard in the public hearing,
and entitled:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MARION COUNTY, FLORIDA, APPROVING REZONING AND SPECIAL
USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON
THE OFFICIAL ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.
Chairman McClain passed the gavel to Commissioner Bryant, who assumed the
Chair. Commissioner McClain was excused at 3:16 p.m.
Commissioner Moore out at 3: 16 p.m.
Surplus PropertyfTax Collector - (8.B.) - Mr. Minter advised that Mr. Silverman
provided information from last year in regard to tax certificates. He noted that last year
there were a total of 175 parcels , with 21 of those being redeemed ; 33 were applied for
and the County paid the application fee.
In response to Chairman Bryant, Mr. Minter advised that the application fee last
year was $150 per lot, noting it is higher this year than last. The total for applying,
advertising and scheduling was $625, which was less last year than this year. The Clerk
has to schedule 33 parcels for sale. There was also 1 bankruptcy.
Commissioner Zalak asked if they will be in the tax deed sale this year. Mr. Minter
stated they would, but noted they have not yet been scheduled . He asked Mr. Silverman
what the lifetime was between the County making the application and when they are
actually scheduled , which he advised that it can be 6 to 7 months, during which time
something could happen (i.e ., someone can try to redeem the parcels).
Commissioner Moore returned at 3:18 p.m.
Mr. Minter advised that 120 parcels went to sale and are Lands Available for Taxes;
the costs incurred on those is $75,000. A total of $100,725 was paid out by the County
last year.
Chairman Bryant questioned the return, on any certificates. Mr. Minter stated he
did not know. Mr. Bouyounes stated ROW Manager Shawn Hubbuck may have some
information.
Mr. Hubbuck advised that he gathered some information after this morning's
meeting, noting the County paid $27 ,750 in application fees for the 185 parcels last year.
The next step was for the titles and additional fees of $600 plus. Another $30,452.88 was
spent, as well as an additional $54,519.50, for a total of $112,722.38 for which he has yet
to see any returns.
If no one buys the tax certificates, then it goes onto the Lands Available for Taxes
for 3 years . After being on Lands Available for Taxes for 3 years and still not purchased
then they will escheat to the County, which is the point where Mr. Hubbuck becomes
involved with the surplussing .
Commissioner Zalak stated for that process the property has to not be redeemed
for 3 of those years. Mr. Hubbuck stated the certificates go on Lands Available for Taxes
and if someone redeems them then the County can then be reimbursed back monies.
Page 372, Book U
May 19, 2015
Mr. Minter clarified that after the certificates are on Lands Available for Taxes the
County does not necessarily get reimbursed; however, staff can try and get that amount
of money out of them, but it is different than someone redeeming the certificates.
Chairman Bryant questioned what will happen if the County does not apply for the
tax certificates. Mr. Minter stated the Statute does not say, as there is no legal sanction if
a county does not apply. He noted every once in a while the Legislature adopts something
that says the County or City shall do something, but does not impose any penalty if it is
not done. Mr. Minter advised that someone could sue the County under a Writ of
Mandamus because the Statute states the County shall do something and because the
County has not yet done it, they can sue and ask the court to force the County to do
something. He stated he cannot tell the Board whether or not that will happen.
Commissioner Arnett stated he saw no reason to expend the money, noting it was
spent last year and the County saw no return.
Commissioner Zalak questioned if the process can be made simpler; should
someone want a particular piece that the county has not made application for; can they
not ask the County to move forward with that one certificate. Mr. Minter stated if someone
already holds a certificate and the County has the one that is about to expire, then that
person can approach the County, prior to June 1st, to ask the County to apply for the one
they own. The Board can give staff direction that should someone come in prior to June
1st and makes a request at which time the County will make the application.
Commissioner Zalak stated this way the County does not have to be sued for the entire
list. Should someone make a request then the County shall make application. Mr. Minter
stated this seems like a good approach. Mr. Hubbuck stated it makes sense, noting they
do not come to him since the Tax Collector's Office manages the certificates. In response
to Commissioner Zalak, Mr. Hubbuck stated he can work with the Tax Collector's Office
to ask that they send anyone seeking an application to his (Mr. Hubbuck's) office to make
application and then send it over to Legal.
Chairman Bryant inquired as to the June 1st deadline. Mr. Minter stated the Tax
Collector's Office provides a new list every year and if no one comes in before the
deadline of June pt, then it is too late for a Writ of Mandamus at that point. He advised
that if someone wants to protect their rights, it is incumbent upon them to file application
before June 1st.
In response to Commissioner Arnett, Mr. Minter noted that some of the certificates
are going to expire. Mr. Hubbuck stated when the certificate expires, it expires and goes
away. If the County is the only certificate holder then the certificate escheats to the
County. In the scenario where the County is just one of the multiple certificate holders on
these properties. Mr. Minter noted there is 7 years' worth of certificates for these
properties. Mr. Hubbuck stated the certificates are valid for a period of 7 years and if the
County does not apply for a tax deed and the certificate expires, it then expires and can
potentially still be owned by the previous owner or another certificate holder can move
forward.
Commissioner Zalak opined that if someone holds 3 years' worth of certificates
then they can apply tax deed sale. Mr. Hubbuck stated anyone can apply after 3 years if
they are the certificate holder, noting many investors most likely acquired a lot of the
certificates. Properties that are borderline worth the value by the time they start investing
and paying additional costs, the same as the County, noting part of the policy of the
application fee then around $600 to $700 for the title and notifications, etc.; then it goes
Book U, Page 373
May 19,2015
holder. If the tax
to the sale and if no one buys it then it goes to the tax
holder never applies then that certificate gets wiped out.
Commissioner Zalak inquired if the previous owner still owns it and the
wiped out until it
wiped out. Mr. Hubbuck advised that the taxes do
County.
Mr. Minter stated if someone comes in and
certificate then they
to own the property,
to pay taxes on
expenses in
to
Mr. Minter
if someone wants
certificate then they
to pay all back taxes.
A motion was
by Commissioner
but authorize
that the County not apply for a tax deed for the listed
a
with Property Management and the Tax Collector in order to notify someone
who wants to make application that the County shall do so upon request, up and until
June 1st. The motion was unanimously approved by
rd (5-0).
CT-:>T£"I""1
There being no
at 3:28
Book U
business to come
the Board, the meeting thereupon

Official Minutes of MARION COUNTY BOARD COUNTY

Transcription

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