Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS DRAFT. October 21, 2014

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1 Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:04 a.m. on Tuesday, at the Marion County Governmental Complex located in Ocala, Florida. The meeting opened with invocation by Commissioner McClain and the Pledge of Allegiance to the Flag of our Country. Upon roll call the following members were present: Chairman Carl Zalak, District 4; Vice-Chairman Stan McClain, District 3; Commissioner David Moore, District 1; Commissioner Kathy Bryant, District 2; and Commissioner Earl Arnett, District 5. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and Acting County Administrator William Kauffman. Commissioners Chairman Zalak addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12E). Proclamations/Projects & Programs (1.A.) It was noted for the record that there were no proclamations or presentations on today s Agenda. Roads/Subdivisions (2.A.1.) Roger Knechtel, SE 97 th Terrace Road, Summerfield, addressed the Board in regard to the height of walls constructed along many roads and subdivisions within the County, noting his preference would be a minimum height requirement of 8 feet, which will enhance privacy, provide better security and reduce noise levels. Budgets/Jail (2.A.2.) Carolyn Torrey, SE 14 th Avenue, addressed the Board in regard to budget costs related to operation of the Marion County Jail. She expressed concern with costs incurred by taxpayers due to incarceration of citizens for Contempt of Court and opined the jail is not designed to be a debtor s prison. Ms. Torrey also addressed attorney fees and filings made to the Supreme Court. Roads/Subdivisions (2.A.3.) Bryan Demkowicz, SW 62 nd Avenue, addressed the Board in regard to quality of life issues facing residents along State Road (SR) 200. He commented on the number of empty spaces in strip malls, yet the County continues to approve commercial re-zoning applications. Mr. Demkowicz addressed the proposed freeway interchange, noting the Board is considering a west only traffic pattern due to residents in the Shady area receiving better consideration for their quality of life than other residents in Marion County. He expressed concern with the amount of traffic that will be dumped onto Airport Road. Minutes (3.A. through D.) A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt the meeting minutes of September 9, 11 (2 sets) and 16, The motion was unanimously approved by the Board (5-0). Book T, Page 1011

2 Legislature/Sheriff (4.A.) A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the request of Sheriff Blair, Marion County Sheriff s Office (MCSO), to expend $31,241 from the Crime Prevention Fund to distribute and mail sex offender publications throughout Marion County. It was noted the Fund was established by Sections , Florida Statutes (FS) and met Chapter 163, FS, guidelines. The motion was unanimously approved by the Board (5-0). Ordinances/Schools (4.B.) The Board considered the following recommendation from Growth Services Director Gregory K. Stubbs, AICP, in regard to suspension of the educational system impact fee: Description/Background: The School Board sent a letter dated May 14, 2014, requesting that the Board of County Commissioners continue the suspension of the educational system impact fee. That letter was placed on the June 3, 2014, BCC agenda but action was not taken (letter and minutes attached). Staff is requesting that the Board continue the suspension of the educational system impact fee through December 31, Budget/Impact: Approximately $1.3 million in lost revenue during calendar year Recommended Action: Motion to approve the continuation of the suspension of the educational system impact fee through December 31, A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to continue the suspension of the educational system impact fee through December 31, The motion was unanimously approved by the Board (5-0). Budgets/Resolutions (5.A.1. through 7.) Upon motion of Commissioner McClain, seconded by Commissioner Bryant, the Board adopted the following Budget Amendment Resolutions as presented by Clerk Ellspermann: R-534 transferring $20,000 within the General Fund for the Veterans Service Office R-535 transferring $68,754 within the General Fund for Public Safety Communications R-536 transferring $51,556 within the MSTU for Emergency Medical Transportation Services R-537 transferring $40,000 within the Fire Rescue Impact Fees Fund for the Fire Rescue Impact Fee R-538 transferring $4,000 within the General Fund for the Cooperative Extension Service R-539 transferring $6,268 within the Fire, Rescue and EMS Fund for Fire/Rescue Services R-540 transferring $7,000 within the General Fund for the County Administrator. Contracts & Agreements/Projects & Programs (5.B.) Clerk Ellspermann presented the following recommendation from Finance Director John Garri regarding the annual agreements with the Agency for Health Care Administration (AHCA) in relation to the Medicaid Low Income Pool (LIP). It was noted that the Agreements state that the County will remit to the Agency amounts not to exceed a grand total of: a) Page 1012, Book T

3 $281,337; and b) $40,624. Description/Background: To increase the level of funding Countywide for the Medicaid eligible population by utilizing Federal and State funds available through the Agency for Health Care Administration. Budget Impact: Included in Fiscal Year Proposed Budget (Account Code: ). Recommended Action: Motion for the Board of County Commissioners to approve the attached Letters of Agreement. Clerk Ellspermann advised that the proposed Letters of Agreement will allow Munroe Regional Medical Center (MRMC) to apply for additional LIP 6 funding, noting there will be no liability incurred by the County. A motion was made by Commissioner Bryant, seconded by Commissioner Arnett, to approve and execute the Letters of Agreement with AHCA. The motion was unanimously approved by the Board (5-0). Upon motion of Commissioner Bryant, seconded by Commissioner Moore, the Board acted on the Consent Agenda for Administration item 7.A.1., Community Services item 7.B.1., Growth Services item 7.C.1., MSTU item 7.D.1., Parks and Recreation item 7.E.1., Procurement Services items 7.F.1. through 7., Solid Waste item 7.G.1., and Transportation County Engineer items 7.H.1. through 15., as follows: Contracts & Agreements/Grants/Municipalities/Projects & Programs (7.A.1.) Accepted the following recommendation from Assistant County Administrator (ACA) of Public Works and Growth Services Mounir Bouyounes to approve and execute the First Amendment to Qualified Purchaser Agreement FedEx Ground Package System, Inc. [Ocala/Marion County Commerce Park Project] with Ocala 489, LLC, FedEx Ground Package System, Inc. and the City of Ocala: Description/Background: This item is the First Amendment to the Qualified Purchaser Agreement (QPA) between FedEx Ground Package System, Inc., Ocala 489, LLC, the City of Ocala and Marion County BCC. FedEx has reassessed the future needs for its project and is in negotiations to purchase acres of additional property adjacent to the FedEx parcel to facilitate expansion. The amendment confirms that the provisions of the QPA shall be automatically amended to extend the terms of the QPA to include the additional property. FedEx, the City and the County are also parties to an EIP/EDFIG Agreement dated Feb. 5, The amendment ensures that the purchase by FedEx does not in any manner change, revise or modify any rights of the parties under the grant agreement. Budget/Impact: None. Recommended Action: Motion to approve the First Amendment to the Qualified Purchaser Agreement FedEx Ground Package System, Inc. (Ed. Note: EIP/EDFIG is the acronym for Economic Investment Program/Economic Development Financial Incentive Grant.) Contracts & Agreements/Grants/Projects & Programs (7.B.1.) Accepted the following recommendation from Community Services Director Cheryl Amey to approve and execute the Marion County Standard Professional Service Agreement HOME Book T, Page 1013

4 Investments Partnership Program Grant Program Amendment #2 with Community Housing Partners Corporation: Description/Background: Marion County must utilize a minimum of 15% of the HOME Grant funds for projects funded through Community Housing Development Organizations (CHDO) or, in essence, non-profit housing developers. Marion County contracted with Florida Low Income Housing Association, now Community Housing Partners of FL (CHP), to create affordable workforce housing close to the Villages by acquiring, rehabilitating and selling homes to eligible low income households. CHP reached the end date of their contract while having two homes that have not been sold to eligible homebuyers. This amendment extends the contract in order to meet that requirement, and provides some additional HOME requirements put in place with the 2012 and 2013 new HOME rule. Budget/Impact: None. Recommended Action: Motion to Approve the Second Amendment to the Community Housing Partners of FL HOME CHDO contract, and Authorize Chairman to execute the amendment. Advisory Committees/Ordinances (7.C.1.) The Board considered the following request from Growth Services Director Stubbs, AICP, to deny the Code Enforcement Board recommendation for a reduction of fine on Case No GL as levied against Roger Honaker and to affirm the prior Order in its entirety: Description/Background: On May 12, 2010, the Code Enforcement Board imposed a fine per the Prior Order of $50.00 per day up to a maximum of $3,000.00; based on an Affidavit of Continuing Violation filed by Officer Lasher. A lien was recorded on May 17, 2010 and 60 days later reached its maximum fine of $3, Whereas this violation never cleared, on July 7, 2010, a second case was opened, case number JB. Officer Ball formally notified the owner of possible abatement. Receiving no response from the property owner the County hired a contractor to remove the violation at the cost of $1, The Certification and Claim of Lien-Junk and Litter Abatement was recorded on December 30, At this time the total amount due is $2, (12% interest annum included). On May 21, 2014, Joe C. Brown obtained said property by tax deed sale with full knowledge of the two existing liens. The existing liens, on case # GL for $3, and on case # JB for $2, (interest continues to accrue), totaling $5, On June 6, 2014, Joe C Brown d/b/a Southern Atlantic Realty submitted written request to appear before the Code Enforcement Board to discuss possible reduction of the lien on case number GL. The department s recommendation to the Code Enforcement Board was to recommend to the Board of County Commissioners that they deny the request and affirm the Prior Order imposing the fine now totaling $3, in its entirety. Budget/Impact: None. Page 1014, Book T

5 Recommended Action: Motion to deny the Code Enforcement Board s recommendation to reduce the fine as levied upon Roger Honaker to $1, and to affirm the Prior Order in its entirety. Mr. Stubbs clarified that the Code Enforcement Board recommends a reduction in the lien from $3,000 to $1,000; however, staff is recommending the Board deny the request and affirm the Prior Order in the total amount of $3,000. Commissioner Arnett noted he agreed with staff. In response to Chairman Zalak, Mr. Stubbs addressed staffs time and the amount of money the County invested in cleaning up the property. Clerk Ellspermann noted the buyer was aware those liens were tied to the property prior to purchase. Commissioner Bryant questioned the precedent staff utilized when considering requests for reduction of liens. Mr. Stubbs noted every case contained different circumstances, noting this case was an abated piece of property and staff spent significant funds having trash removed. Commissioner McClain concurred, noting the County hired a contractor to remove the violation at a cost of $1, He suggested the lien be reduced to $2,000 to cover the actual cost, plus staff time. Commissioner McClain noted the other $2, was interest on the original lien. A motion was made by Commissioner McClain, seconded by Commissioner Arnett, to rescind the Prior Orders and adjust the lien from $3,000 to $2,000. Mr. Minter clarified that the motion is if the property owner paid the County $2,000, then the County will execute a Satisfaction of Lien. Commissioner McClain concurred. The motion was unanimously approved by the Board (5-0). Drainage/Roads/Subdivisions (7.D.1.) Accepted the following recommendation from ACA Bouyounes, on behalf of the Municipal Service Taxing Unit (MSTU)/Assessment Department, to accept petitions from property owners and place Twin Lakes Ranchettes Subdivision on the road assessment list for future road and drainage improvements; also, authorize staff to proceed with the design and bid for construction: Description/Background: At the request of property owners within Twin Lakes Ranchettes Subdivision, petitions were mailed by the MSTU office with a supplied First Class stamped return envelope to all impacted property owners for the improvement of SE 160 th Court Road. This road is 1.5 miles long, partially paved within platted public right of way and runs from SE 113 th Street Road to SE 100 th Lane. Returned petitions were opened and tabulated by Mr. Wallace Watford and Staff of the Internal Auditor office as presented in the attached memorandum. The results summary is as follow: Total Property Owners: 46 Total Owners Responding Timely: 31 Total Owners Responding in Favor: 21 Total Owners Responding not in Favor: 9 Total Owners Responding no Preference: 1 Total Percentage of Owners in Favor: 67.8% All costs associated with this proposed road assessment will be borne by the affected property owners within the designated project boundaries. Book T, Page 1015

6 Budget/Impact: None. Recommended Action: Motion to accept petitions and place Twin Lakes Ranchettes Subdivision on the road assessment list for future road and drainage improvements and authorize staff to proceed with the design and bid for construction. Contracts & Agreements/Municipalities/Projects & Programs (7.E.1.) Accepted the following recommendation from Parks and Recreation Director Gina Peebles to approve and execute the 2014 Memorandum of Understanding (MOU) & Partnership Agreement for the Fort King Site with the City of Ocala and the Ft. King Heritage Association, Inc.: Description/Background: The 37 acre Fort King National Historic Landmark, designated as such in 2004, is jointly owned by the City of Ocala and Marion County. In 2012, the City, County and Fort King Heritage Association (FKHA) entered into a Memorandum of Understanding (MOU) to delineate the roles of the parties related to preparing the site for public access. The property was officially opened to the public in May of As a result, a new MOU is needed to better delineate the operating responsibilities and future development/ fundraising responsibilities. The MOU provides that the City and County shall review, process and approve the proposed site improvements; the City shall continue operating the site; the City and County shall own all equipment (including donated equipment); and that the City and County will assist the FKHA with their efforts to solicit grants and private contributions for capital improvements. This agreement has been reviewed by both Risk Management and Legal. It was presented to the City of Ocala at their Oct. 7 meeting. Budget/Impact: None. Recommended Action: Motion to authorize the Chairman and Clerk to sign the Memorandum of Understanding as presented. Contracts & Agreements/Utilities (7.F.1.) Accepted the following recommendation from Procurement Services Director Susan Olsen, on behalf of the Marion County Utilities (MCU), to approve and execute the Agreement Between County and Contractor, upon approval by Legal, with A&A Trucking and Excavating for the demolition of the Silver Springs Regional and Salt Springs Wastewater Treatment Plants project at a projected cost of $163,494 (up to a 10% contingency may be added to the Purchase Order) as approved in the FY 14/15 budget, pursuant to Bid No. 14B- 158: Description/Background: On behalf of Marion County Utilities (MCU), a bid for demo services for these two (2) plants was advertised, and two (2) local firms submitted responses. The subject bid opening was conducted by Christine Nagy representing Procurement Services. Flip Mellinger requests the low bidder be awarded the contract based on the tabulation below: COMPANY TOTAL BID A&A Trucking and Excavating - Ocala $ 163, Marion Rock, Inc Ocala $ 217, Attached for review is a draft of the contract; pending approval at today s meeting, it will be sent to the contractor for execution as written and upon return, Page 1016, Book T

7 will be forwarded for the County Attorney, Clerk of the Court, and Board Chairman s signatures. Budget/Impact: Budget neutral. The projected cost is $163,494; up to ten percent (10%) may be added for owner contingency per the Procurement Ordinance. Per information provided by the Department, sufficient funding exists in Recommended Action: Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with A&A Trucking and Excavating, the lowest responsive, responsible bidder for bid 14B-158. Contracts & Agreements/Utilities (7.F.2.) The Board considered the following recommendation from Procurement Services Director Olsen, on behalf of MCU, regarding an Agreement Between County and Contractor with Morris & Associates, Inc. for the Marion Oaks Service Line Replacement project (Unit 2, Phase 1), with a project cost of $487, (up to a 10% contingency may be added to the Purchase Order) as approved in the FY 14/15 budget, pursuant to Bid No. 14B-151: Description/Background: On behalf of Marion County Utilities (MCU), Procurement advertised a bid for the replacement of the water service line and related materials; three (3) contractors submitted responses. The bid opening was conducted by Carrie Hyde and Megan Brobst from Procurement Services; a tabulation of bids received is shown below: Firm, City Bid VE Adjusted Bid Morris & Associates, Inc Tavares $ 536, $ 487, GWP Construction, Inc Ocala $ 609, Hamlet Underground, Inc Ocala $ 666, Morris & Associates is a new contractor for Marion County, therefore Procurement and MCU staff held a pre-award meeting to ensure the County s scope of work and processes are clear, including the timeframe for the work, and an attempt to value engineer (VE) a final project cost closer to the estimated $380,000 budget. Utilities Director, Flip Mellinger, recommends award to Morris & Associates and its lowest overall offer after the VE figures were calculated. Work is expected to begin mid-november, and be substantially completed within 180 days. Attached for review is a draft of the contract; pending approval at today s meeting, it will be sent to the contractor for execution as written and upon return, will be forwarded for the County Attorney, Clerk of the Court, and Board Chairman s signatures. Budget/Impact: Budget neutral. The project s cost is $487,986.50; up to 10% contingency may be added to the purchase order, as allowed by the Procurement Manual. Per information provided by the Department, sufficient funding exists in Recommended Action: Motion for the Board of County Commissioners to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with Morris & Associates, Inc, the lowest responsive, responsible bidder for bid 14B-151. Commissioner McClain expressed concern that the company submitting the lowest bid is an out-of-county contractor whose bid came in substantially lower than Book T, Page 1017

8 other bids. He questioned whether staff had checked to ensure the company fully understood the scope of the project and can provide those services. Utilities Director Flip Mellinger, advised that as part of the bid process, every contractor is required to provide references, which is verified by staff. Ms. Olsen stated the project will be bonded, including performance and payment bonds. The performance bond will ensure the job is completed at the bid price and the payment bond will ensure that the contractor pays their subcontractors. Commissioner McClain noted the Board had previously approved a master list of contractors that could be utilized to perform services for Marion County and questioned why this project was bid out instead of given to one of those contracting firms. Ms. Olsen advised that staff still utilizes the master list for most of the work; however, larger projects like this one are bid out, noting contractors on the master list are also allowed to bid on these types of larger projects as long as they met the requirements. General discussion ensued. It was the general consensus of the Board to table this matter until the next regularly scheduled BCC meeting. Chairman Zalak directed Acting County Administrator Kauffman to bring back more information on how staff is utilizing the master list of contractors for utility projects, as well as several options relating to this process. Purchasing/Utilities (7.F.3.) Accepted the following recommendation from Procurement Services Director Olsen to approve payment of Invoice # from US Water Services Corporation for the due diligence evaluation associated with the Windstream Utilities acquisition in the amount of $21, as approved in the FY 14/15 budget: Description/Background: The Board approved the Florida Government Utility Authority (FGUA) to evaluate acquisition of private utilities within Marion County in October The FGUA contracted US Water to conduct Due Diligence Reports for Windstream Utilities among others. When negotiations failed between Windstream and the FGUA, Marion County Utilities began acquisition efforts for Windstream Utilities. The FGUA had previously assigned the report to US Water, pending its own acquisition of Windstream, and had hired the firm to prepare the report at a cost of $21,471.31, however because the FGUA did not acquire Windstream, they did not need the report and US Water was never paid. As the report was still relevant to the County s acquisition, Utilities Director, Flip Mellinger requested the report, with the understanding it would be part of the total closing costs from the acquisition attorney, however that was not the case, and US Water still has not been paid for its efforts. At its May 6, 2014 meeting, the Board authorized the acquisition of Windstream Utilities under Resolution 14-R-244. The agenda item requesting approval contained a copy of US Water s Due Diligence Report. At this time, US Water is requesting Utilities process the invoice as the agency who benefitted from its use. Budget/Impact: Budget impact neutral; per department provided information, sufficient funds exist in the appropriate reserve accounts to cover this expense. Page 1018, Book T

9 Recommended Action: Motion for the Board of County Commissioners to approve payment to US Water Services Corporation for the Due Diligence Report for $21, Contracts & Agreements/Communications (7.F.4.) Accepted the following recommendation from Procurement Services Director Olsen to approve and execute the Volume Licensing Agreement with Microsoft renewing the Microsoft Enterprise Enrollment Volume Licensing Agreement for the Information Technology (IT) Department, not to exceed $229, as approved in the FY 14/15 budget, pursuant to Contract No. 12C-066: Description/Background: On December 20, 2011, the Board approved the agreement for volume licensing with Microsoft. The Information Technology (IT) Department is seeking the renewal of the Microsoft Enterprise Enrollment Volume Licensing Agreement. This renewal covers all Microsoft product licenses currently in use for servers, computers, user accounts, accounts, databases, office suite, etc. This agreement provides 24/7 technical support, training vouchers for IT professionals, e-learning for employees, Home Use Program, product updates, new versions and product specific enterprise level features such as BitLocker Drive Encryption technology. The contract term is three (3) years with a proposed annual pricing of $229, A copy of the agreement including cost breakdown is attached for review. The contract has been presented to, and approved by, the Assistant County Attorney, Robert Zachary and pending approval at today s meeting, eight (8) signed originals will be presented for the Chairman s signature. Budget/Impact: Budget Neutral; expenditure amount for the first year is not to exceed $229,500.49, with future years amounts being presented for approval by the Board during each year s budget process. Per department provided information, sufficient funds are available in account Recommended Action: Motion for the Board of County Commissioners to approve recommendation and authorize the Chairman to execute the contract with Microsoft under contract 12C-066. Contracts & Agreements/Landfills/Solid Waste (7.F.5.) Accepted the following recommendation from Procurement Services Director Olsen to approve and execute the Tenth Amendment to the Agreement with G2Energy Marion, LLC (G2E) for the Baseline Landfill Gas Utilization Project, with an expenditure amount of $149, (up to a 10% contingency may be added to the Purchase Order) as approved in the FY 14/15 budget, pursuant to Request for Proposals (RFP) No. 06P-002: Description/Background: On September 18, 2007, the Board approved a contract with G2Energy LLC to begin and manage the landfill gas utilization project at the Baseline Landfill. The project will include the installation of ten (10) replacement wells equipped with pneumatic dewatering pumps. The existing wells have been compromised; the replacement wells will reduce leachate side slope seeps and gas migration by reducing landfill gas pressure and leachate levels along the side slope. The services provided by G2Energy will streamline the completion of the work and reduce consulting fees to the County. Attached for review is a draft of the contract with the cost proposal attached as Exhibit A. Pending approval at today s meeting it will be forwarded to the contractor for execution as written and Book T, Page 1019

10 upon return, will be processed for the County Attorney, Clerk and Chair s signatures. Budget/Impact: Budget impact neutral; expenditure amount is $149,954.37, up to ten percent (10%) contingency can be added and is allowed for in the County s Procurement Ordinance. Per information provided by the Department funding is available in charge account Recommended Action: Motion for the Board of County Commissioners to approve recommendation and authorize the Chair to execute the tenth contract amendment with G2Energy, LLC for the Baseline Landfill Utilization project under RFP 06P-002. Contracts & Agreements/County Planning (7.F.6.) The Board considered the following recommendation from Procurement Services Director Olsen regarding an Agreement Between County and Consultant, with Tindale-Oliver & Associates, Inc. for consultant services associated with the Transportation Impact Fee Update: Description/Background: On behalf of Growth Services, Procurement advertised an RFQ for a Transportation Impact Fee Consultant with experience in updating the existing methodology used to determine the transportation impact fees and to create a schedule of fees to be implemented by the County. Three (3) firms responded; the Selection Committee (Chris Rison, Greg Slay, and Brian Snyder) evaluated all proposals based on qualifications. The Consultants Competitive Negotiations Act (CCNA) under FL Statutes requires all three (3) respondents be short-listed and provide presentations. After presentations, the Selection Committee determined Tindale-Oliver & Associates, Inc. (Tindale-Oliver) was most qualified to perform the work based on relevant and recent experience in the updating of transportation impact fees. Negotiations were held with Tindale- Oliver and the following prices were established for a two (2) year period, and may be renewed for up to two (2) additional one (1) year renewals pending mutual agreement. DESCRIPTION ORIGINAL RATES NEGOTIATED RATES Principal In Charge $ $ Senior Project Manager $ $ Project Manager $ $ Senior Engineer $ $ Senior Planner $ $ Project Planner $ $ Planner $72.91 $70.00 Engineer $88.63 $85.00 GIS/Programmers $ $ Admin/Clerical $56.45 $56.00 Assistant County Administrator, Mounir Bouyounes, supports Growth Services Director, Greg Stubbs, and the Selection Committee s recommendations to award the contract to Tindale-Oliver. As Kimely Horn & Associates, Inc. (Kimely Horn) was a closely ranked second, Mounir Bouyounes requests the Board s approval to negotiate rates during the term as a peer reviewer of the impact fee update at a later date, should the need be warranted. Page 1020, Book T

11 Tasks will be divided into six (6) tasks with an optional seventh (7th) task for additional meetings that may be required or requested. The following prices were established for each task and will be paid upon completion of each task. DESCRIPTION TASK FEE PERCENT TIMEFRAME Task 1 Board Workshop $3,750 5% 60 Days Task 2 Data Collection $43,750 58% 90 Days Task 3 Board Workshop $5,000 7% 120 Days Task 4 Final Materials $15,000 20% 150 Days Task 5 Board Public Hearing $5,000 7% 180 Days Task 6 Final Revision $2,500 3% 5 Days TOTAL $75, % OPTIONAL Task 7 Completion Tindale-Oliver $2,700 White & Smith (Legal) $3,660 Attached for review is a copy of Tindale-Oliver draft contract. Pending approval at today s meeting, it will be sent as written, and upon return, will be forwarded for the County Attorney, Clerk, and Chairman s signatures. Budget/Impact: Budget impact neutral; expenditure amount is $75,000. Per information provided by the Department funding is available in charge accounts , , and Recommended Action: Motion for the Board of County Commissioners to approve the recommendation and allow staff to issue, and upon approval by Legal, authorize the Chairman to execute a contract with Tindale-Oliver, and to authorize staff to negotiate rates with Kimely Horn at a later date for services under RFQ 14Q-120. Commissioner Arnett addressed previous Board action to suspend Transportation Impact Fees and questioned if there was no appetite by the BCC to reinstate those fees, why would the Board consider spending $75,000 to have a study performed. Commissioner Bryant advised of recent Board consensus to direct staff to bring back a report, noting the BCC realized the matter would have to be addressed. In response to Chairman Zalak, ACA Bouyounes advised that the study would take approximately 6 to 8 months to complete, noting staff will schedule a workshop the first week in December to allow the consultant the opportunity to provide an overview of what is occurring throughout the State in relation to Impact Fees. After that, the BCC will have the opportunity to discuss the possibility of reinstating Transportation Impact Fees either at the existing rate or a discounted rate. General discussion ensued. Commissioner McClain commented on the importance of setting the fees correctly so that they can be defended should someone legally challenge the validity of those rates. General discussion resumed. In response to Commissioner Bryant, Mr. Bouyounes stated the number one priority is to engage the consultant and begin the study, so that the County can move forward in the right direction with the correct information. Book T, Page 1021

12 A motion was made by Commissioner Bryant, seconded by Commissioner McClain, to approve the Agreement Between County and Consultant, with Tindale- Oliver & Associates, Inc. and authorize staff to negotiate rates with Kimley-Horn & Associates at a later date should the need be warranted. The motion was unanimously approved by the Board (5-0). Projects & Programs/Purchasing (7.F.7.) The Board considered the following recommendation from Procurement Services Director Olsen to waive the bidding process for the Parks and Recreation Department and Health and Wellness program activity coordinators. It was noted that no budget impact is associated with this item: Description/Background: At its May 7, 2013 meeting, the Board approved for the Parks & Recreation Department (Parks) to implement its own application process for revenue-generating ventures after multiple attempts at RFPs for vending services failed. Additionally, at its June 5, 2007 meeting, the Board approved for Parks to execute its own contractual agreements for youth sports programs. Rarely do Parks seasonal activities programs exceed Procurement s quoting thresholds, but as part of Parks application process, including background checks, Director Gina Peebles is requesting, with Procurement s recommendation, that any program coordinator would be exempt from quoting up to $12,000 per 12-month period. The Human Resources Health and Wellness Program may also use services of this nature for its physical activity programs; Procurement feels this is an appropriate limit and request for their purposes as well. Both departments reach out to, and use local resources for the majority of its programs. Budget/Impact: No impact. Recommended Action: Motion for the Board of County Commissioners to approve bidding exemption of both Parks & Recreation, and Health and Wellness program activity coordinators up to $12,000/12-month term. In response to Commissioner McClain, Ms. Olsen clarified that the request will allow for the hiring of services from art instructors, yoga instructors, etc., for the Health and Wellness and the Parks and Recreation Department activity programs without having to utilize the formal bid process. In response to Commissioner Moore, Ms. Peebles commented on the importance of ensuring that the instructors hired by the Parks and Recreation Department s caving program are experienced and responsible. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to approve bidding exemption of both Parks & Recreation and Health and Wellness program activity coordinators for up to $12,000 for a 12 month (1 year) term. The motion was unanimously approved by the Board (5-0). Contracts & Agreements/Grants/Solid Waste (7.G.1.) Accepted the following recommendation from Solid Waste Director Mike Sims to approve and execute the Florida Department of Environmental Protection (DEP) Agreement No. S0720, State of Florida Hazardous Waste Cooperative Collection Center Arrangement Grant Assistance, Pursuant to Line Item 1678 of the General Appropriations Act with DEP establishing a hazardous waste cooperative collection arrangement with County: Sumter Page 1022, Book T

13 Description/Background: The Florida Department of Environmental Protection Agreement No. S0720 establishes the arrangements for a grant to reimburse Marion County for hosting hazardous waste cooperative collection events for Sumter County and their residents. The Marion County Board approved a revised Inter-local Agreement with Sumter County on December 3, 2013 to host two (2) planned collection events per year providing residents and small businesses in Sumter County a cost effective opportunity to properly dispose of hazardous waste. The FDEP Agreement will provide 75% reimbursement for the collection and disposal cost. Sumter County has agreed through the Inter-local Agreement to provide the remaining 25% of the collection cost. Reimbursable costs include Marion County s labor, supplies, advertisement, on-site packaging, transportation and proper disposal of collected hazardous waste. Budget/Impact: None. Recommended Action: Motion to approve the FDEP Agreement No. S0720 to establish two (2) hazardous waste cooperative collection arrangements with Sumter County using State of Florida Grant Assistance. Contracts & Agreements/Subdivisions (7.H.1.) Accepted the following recommendation from ACA Bouyounes, on behalf of the Office of the County Engineer (OCE), to approve and execute the Release of Subdivision Improvement Agreement with, Pulte Home Corporation, developer, for Performance Bond No S in the amount of $596, for the Stone Creek by Del Webb Arlington Phase 7A Subdivision and authorize the Clerk s Office to release the Surety Bond: Description/Background: This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Stone Creek by Del Webb Arlington Phase 7A. The improvements were inspected on September 2, 2014 and a Certification of Satisfactory Completion letter has been sent to the Developer and the release will be recorded in the Public Record for completion and satisfaction of the surety bond. Budget/Impact: None. Recommended Action: Motion to adopt the attached Release and to authorize the Chair and Clerk to execute the same. Contracts & Agreements/Subdivisions (7.H.2.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to approve and execute the Release of Subdivision Improvement Agreement with Pulte Home Corporation, developer, for Performance Bond No S in the amount of $385, for the Stone Creek by Del Webb Arlington Phase 7B Subdivision and authorize the Clerk s Office to release the Surety Bond: Description/Background: This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Stone Creek by Del Webb Arlington Phase 7B. The improvements were inspected on September 2, 2014 and a Certification of Satisfactory Completion letter has been sent to the Developer and the release will be recorded in the Public Record for completion and satisfaction of the surety bond. Budget/Impact: None. Book T, Page 1023

14 Recommended Action: Motion to adopt the attached Release and to authorize the Chair and Clerk to execute the same. Contracts & Agreements/Deeds/Surplus Property (7.H.3.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to declare Parcel No located in Rainbow Park as surplus; also, authorize execution of the Sale & Purchase Agreement with Binmattie Sewnarain and Esar Chickrie and Deed to same: Description/Background: This is a request to declare Parcel # located in Rainbow Park as Surplus and approve the Sale and Purchase Agreement in the amount of $900 with approximate Closing Costs of $16.30 for a total of $ and a F.S. 125 Deed between Marion County and Binmattie Sewnarain and Esar Chickrie. Staff recommends approval of this sale to an adjacent owner. Budget/Impact: Sale of Surplus Land $900. Recommended Action: Motion to approve the request to declare Parcel # as Surplus, approve the Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same. Contracts & Agreements/Communications (7.H.4.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to approve and execute the Agreement Regarding Communications Site Lease Agreement and Leasehold Financing with Florida Tower Partners, LLC: Description/Background: This is a request to approve an Assignment of Lease from CLQ, LLC (Tenant) to Florida Tower Partners, LLC and execute an Agreement Regarding Communications Site Lease Agreement and Leasehold Financing between Marion County and the new lease holder. The original Communications Site Lease Agreement was approved and executed by the Board on June 18, 2013 and the current tenant is requesting to assign the Leasehold interest and sell the tower to Florida Tower Partners, LLC who is currently under contract to purchase the tower and related improvements. The new tenant is requesting the attached Agreement be executed to provide them and their lender USAmeribank some assurances that the leasehold financing arrangement can proceed subsequent to closing with CLQ, LLC. Budget Impact: None. Recommended Action: Motion to approve the Assignment of Lease and authorize the Chair and Clerk to execute the Agreement Regarding Communications Site Lease Agreement and Leasehold Financing. Contracts & Agreements/Deeds/Surplus Property (7.H.5.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to declare Parcel No located in Rainbow Park as surplus; also, authorize execution of the Sale & Purchase Agreement with Elizabeth L. Laning and Deed to same: Description/Background: This is a request to declare Parcel # located in Rainbow Park as Surplus and approve the Sale and Purchase Agreement in the amount of $1,000 with approximate Closing Costs of $17.00 for a total of $1, and a F.S. 125 Deed between Marion County and Elizabeth L. Laning. Staff recommends approval of this sale to an adjacent owner. Page 1024, Book T

15 Budget/Impact: Sale of Surplus Land $1,000. Recommended Action: Motion to approve the request to declare Parcel # as Surplus, approve the Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same. Contracts & Agreements/Deeds/Surplus Property (7.H.6.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to delcare Parcel No located in Rainbow Park as surplus; also, authorize execution of the Sale & Purchase Agreement with Mark and Virginia Blosser and Deed to same: Description/Background: This is a request to declare Parcel # located in Rainbow Park as Surplus and approve the Sale and Purchase Agreement in the amount of $500 with approximate Closing Costs of $13.50 for a total of $ and a F.S. 125 Deed between Marion County and Mark Blosser and Virginia Blosser. Staff recommends approval of this sale to an adjacent owner. Budget/Impact: Sale of Surplus Land $500. Recommended Action: Motion to approve the request to declare Parcel # as Surplus, approve the Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same. Contracts & Agreements/Deeds/Surplus Property (7.H.7.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to declare Parcel No located in Rainbow Park as surplus; also, authorize execution of the Sale & Purchase Agreement in the amount of $573.20, including closing costs, with Lisa Aprea and Deed to same: Description/Background: This is a request to declare Parcel # located in Rainbow Park as Surplus and approve the Sale and Purchase Agreement in the amount of $559 with approximate Closing Costs of $14.20 for a total of $ and a F.S. 125 Deed between Marion County and Lisa Aprea. Staff recommends approval of this sale to an adjacent owner. Budget/Impact: Sale of Surplus Land $559. Recommended Action: Motion to approve the request to declare Parcel # as Surplus, approve the Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same. Surplus Property (7.H.8.) The Board considered the following recommendation from ACA Bouyounes, on behalf of the OCE, to declare Parcel Nos. D02=10 and D02=11 as surplus, reject bid submitted by Spruce Creek Golf, LLC, set a value of $47,100 and authorize staff to proceed with negotiations: Description/Background: This is a request to declare Parcel # D02=010 & D02=011 located in Sumter County as Surplus and set a value. The two (2) parcels combined are 9.42 acres in size and were deeded to Marion County from Spruce Creek Development Company in 2005 for utility purposes and are no longer needed for public use. The parcels were advertised for sale and one bid was received from Spruce Creek Golf, LLC in the amount of $9,410. Staff negotiations with the bidder to reach an agreement more in line with the assessed value of the properties has been unsuccessful. It is recommended to reject the bid submitted by Spruce Creek Golf, LLC and set a value of $5,000 per Book T, Page 1025

16 acre for a total of $47,100. Additionally, any future conveyance will be subject to any conditions related to the existing permits granted to Marion County for the existing facilities and the 30 wide utility easement. Budget/Impact: Potential revenue of $47,100 Recommended Action: 1. Motion to approve the request to declare Parcel # D02=010 & D02=011 as Surplus. 2. Motion to reject the bid submitted by Spruce Creek Golf, LLC. 3. Motion to set a value of $47,100 and authorize staff to proceed with negotiations. In response to Commissioner Moore, Mr. Bouyounes advised that the subject parcel was conveyed to the County as part of the Spruce Creek utility system, which is how Marion County became the owners of property in Sumter County. He stated the property is not currently being utilized by Marion County; however, there is a Conservation Easement on it that was put in place as a condition of the County s permit for the utility system. Mr. Bouyounes noted there is also a utility easement for a pipeline through the middle of the property. Right of Way (ROW) Manager Shawn Hubbuck advised that staff utilized a methodology approach in setting the market value and then discounted that value after taking into consideration the 2 specified easements, as well as the limited access to the property. General discussion ensued. In response to Commissioner McClain, Mr. Mellinger advised that the rapid infiltration basins (RIBs) from the old wastewater plant were set as part of the Conservation Easement that is regulated by the Department of Environmental Protection (DEP). He clarified that when the County took down the old plant, DEP wanted the County to leave the basins in place. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to declare Parcel Nos. D02=10 and D02=11 as surplus and accept the bid submitted by Spruce Creek Golf, LLC, at a set of value of $9,410. The motion was unanimously approved by the Board (5-0). Contracts & Agreements/Roads (7.H.9.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to approve the move cost claim for Executive Auto Collision Center, LLC, associated with the SE 92 nd Loop Road Project and authorize staff to proceed with payment in the amount of $39,246: Description/Background: This is a request to approve a fixed payment in lieu of move cost claim in the amount of $39,246 associated with the SE 92 nd Loop Road Project. The acquisition of the property occurred on July 25, 2014 and the tenant Executive Auto Collision has chosen not to re-establish their business. Their eligibility for move cost and reestablishment of a business relocation benefits are part of Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and becomes eligible when Federal and State funds are used in association with transportation projects. The amount of the fixed payment in lieu of move cost claim is calculated by using the business owner s past two (2) years U.S. Tax Returns and calculate the average for final determination, is an option when businesses chose not to relocate to another site nor reestablish their business. Page 1026, Book T

17 Budget/Impact: Transportation Capital Projects $39,246. Recommended Action: Motion to approve the fixed payment in lieu of move cost claim and authorize staff to proceed with payment. Contracts & Agreements/Roads (7.H.10.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to approve and execute the Purchase Agreement with McDonald s Corporation associated with the NE 35 th Street Phase 1A project relating to Parcel ID No (a portion of), at a cost of $62,626.62, plus closing costs, as approved in the FY 14/15 budget: Description/Background: Request to approve a purchase agreement for $62, plus closing costs for the partial acquisition of a commercially zoned parcel associated with the NW/NE 35 th Street Phase 1A Road Improvement Project. The purchase amount of $49,200 is for a strip take acquisition consisting of 1,719 square feet from the McDonald s located at the southeastern corner of U.S. 441 and N.W. 35 th Street along with $5,400 for the 1,351 square foot temporary construction easement. The negotiated Agreement includes the property owner s fees and costs consisting of their appraisal in the amount of $3,723 and engineering fees totaling $1, along with $3, for the statutory attorney fees. The negotiated settlements associated with this project are based on comparable sales having a similar highest and best use to the subject. There are savings realized in accepting this agreement to avoid any additional cost that occur during condemnation proceedings. Budget Impact: Impact Fees - District $62, Recommended Action: Motion to approve the attached purchase agreement and authorize the Chair and Clerk to execute same. Contracts & Agreements/Surplus Property (7.H.11.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to approve and execute the Sale & Purchase Agreement with Cornerstone Recovery Specialists, LLC, associated with Parcel ID No , at a cost of $4,038, including closing costs: Description/Background: This is a request to approve a renegotiated Sale and Purchase Agreement associated with parcel , located in Silver Springs Village, between Marion County and Cornerstone Recovery Specialists, LLC in the amount of $4,000 with approximate Closing Costs of $38.00 for a total of $4,038. A previous agreement for this parcel was approved by the Board on May 20, 2014 in the amount of $9,600. The bidder has not been able to close on the property due to unavailable funds but will be able to close at a reduced price of $4,000. Contact was made with a second bidder that submitted a bid in the amount of $2,751 and they were not interested in negotiating a higher number. Staff recommends approval of this sale at the renegotiated price. Budget/Impact: Sale of Surplus Land $4,000. Recommended Action: Motion to approve the renegotiated Sale and Purchase Agreement and authorize the Chair and Clerk to execute same. Contracts & Agreements/Deeds/Surplus Property (7.H.12.) Accepted the following recommendation from ACA Bouyounes, on behalf of the OCE, to declare Parcel ID Nos and located in Forest Lake Campsites as Book T, Page 1027