Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS DRAFT. October 16, 2012

Transcription

1 Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS October 16, 2012 The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:00 a.m. on Tuesday, October 16, 2012 at the Marion County Governmental Complex located in Ocala, Florida. The meeting opened with invocation by Commissioner Zalak and the Pledge of Allegiance to the Flag of our Country. Upon roll call the following members were present: Chairman Charlie Stone, District 5; Vice-Chair Kathy Bryant, District 2; Commissioner Mike Amsden, District 1; Commissioner Stan McClain, District 3; and Commissioner Carl Zalak, District 4. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator Lee A. Niblock. Commissioners Chairman Stone addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12.B.). Proclamations/Projects & Programs (1.A. and B.) Upon motion of Commissioner Bryant, seconded by Commissioner McClain, the Board approved the following: A. Proclamation recognizing the week of October 14 through 20, 2012 as 4- H Week in Marion County. B. Proclamation recognizing the week of October 14 through 20, 2012 as Healthcare Quality Week. Projects & Programs (1.A.) The Board presented the Proclamation recognizing the week of October 14 through 20, 2012 as 4-H Week in Marion County to Xiomara Diaz. She introduced 3 representatives of the 4-H Program that provided statements of how 4-H affected their lives. Ms. Diaz thanked everyone for their support, noting the values of 4-H should be celebrated daily. Projects & Programs (1.B.) The Board presented the Proclamation recognizing the week of October 14 through 20, 2012 as Healthcare Quality Week to Pam Michell, Chief Nursing Officer; and Dr. Lon McPherson, Chief Quality Officer, Munroe Regional Medical Center (MRMC). Dr. McPherson thanked all for their support. Ordinances (2.A.) James L. McKinon, NW Old Highway 25, Reddick, was not present when called upon to speak. Projects & Programs (2.B.) Jim Scarmado, SE Highway 42, Umatilla, commented on Agenda 21, environmental health and being good citizens and neighbors. Districts (2.C.) David Akaji, SE Maricamp Road, President, Silver Springs Shores Resource Center, presented a small binder entitled, Economic Empowerment Book R, Page 231

2 Initiative. He commented on a community enrichment program to benefit the Silver Springs Shores area. Mr. Akaji noted the resources provided to the unemployed, as well as a safe haven for youth in the community. Commissioner Amsden addressed the needs that would change the quality of life in Silver Springs Shores. He requested the Board help in any way possible. Commissioner Zalak thanked Mr. Akaji for the work and efforts provided. Chairman Stone directed staff to work with Mr. Akaji to provide recommendations for the Board. County Administrator Niblock stated there were grant opportunities that may be available. Commissioner McClain stated there may be water issues that could qualify for Economic Development Financial Incentive Grant (EDFIG) funds. Commissioner Zalak suggested staff review whether there were surplus vans that could be donated. Projects & Programs/Water (2.D.1.) Jack Stackman, NE 248 th Avenue Road, Salt Springs, invited all to attend a fundraising event at Bass Champions located in Salt Springs on Sunday, October 28, 2012 at 10:00 a.m. Hospitals/Proclamations (2.D.2.) Carl Crabtree, NW 115 th Avenue, expressed concern with proper representation for other healthcare organizations for the Proclamation presented earlier (item 1.B.). Municipalities President Suzy Heinbockel, Ocala City Council, greeted the Board and commented on continued support. Minutes (3.A. through D.) A motion was made by Commissioner Bryant, seconded by Commissioner Zalak, to adopt the meeting minutes of September 4, 18 and 20 (2 sets), The motion was unanimously approved by the Board (5-0). Contracts & Agreements/Projects & Programs (4.A.) The Board considered the recommendation from Trial Court Administrator David Trammell, Court Administration, to designate the Marion County Veterans Court as the recipient of funds currently deposited in the Drug Abuse Treatment Fund and any future funds collected pursuant to County Ordinance Clerk Ellspermann advised that the Ordinance and State Statute provided that the request should go to the County Administrator for allocation of funds, who would then present it to the Board for programs that met the criteria within the requirements of drug abuse. Financial Manager Todd Tuzzolino, Court Administration, stated the Veterans Treatment Court addressed mental health and substance abuse issues. Chairman Stone directed the County Administrator to put together an Agenda item. Mr. Niblock stated he would work with staff to put together an item to bring back. Chairman Stone noted no Board action would be taken at this time. Budgets/Resolutions (5.A.1. through 17.) Upon motion of Commissioner Amsden, seconded by Commissioner McClain, the Board adopted the following Budget Amendment Resolutions as presented by Clerk Ellspermann: R-475 transferring $209,993 within the General Fund for Public Safety Communications. Page 232, Book R

3 2. 12-R-476 transferring $49,200 within the General Fund for the Office of Economic and Small Business Development R-477 transferring $1,350 within the General Fund for MSTU/Assessments R-478 transferring $3,934 within the Marion Oaks MSTU for General Services R-479 transferring $10,110 within the Medical Examiner Fund for the Medical Examiner R-480 transferring $250,000 within the MSTU for Emergency Medical Transportation Services for Emergency Medical Services - MSTU R-481 transferring $10,000 within the Fire, Rescue and EMS Fund for Fire/Rescue Services R-482 transferring $3,000 within the General Fund for Other Recreation Programs R-483 transferring $349,652 within the Series 2013A Capital Projects Fund for Improvements 2013A R-484 transferring $6,750 within the General Fund for the Sheriff s Department Emergency Management R-485 transferring $5,392 within the General Fund for the Sheriff s Department Emergency Management R-486 transferring $83,066 within the General Fund for the Sheriff s Department Emergency Management R-487 transferring $81,114 within the General Fund for the Sheriff s Department Emergency Management R-488 transferring $18,039 within the General Fund for the Sheriff s Department Jail R-489 transferring $1,124 within the General Fund for the Sheriff s Department Jail R-490 transferring $30,034 within the MSTU for Law Enforcement for the Sheriff s Department Patrol & CID R-491 transferring $5,000 within the MSTU for Law Enforcement for the Sheriff s Department Patrol & CID. (Ed. Note: MSTU is the acronym for Municipal Service Taxing District; EMS is the acronym for Emergency Medical Services; and CID is the acronym for Criminal Investigative Division.) Clerk (5.B.) Upon motion of Commissioner Zalak, seconded by Commissioner Bryant, the Board accepted recommendations of the County Attorney s Office regarding the following claims for overbid monies from Tax Deed Sales: 1. Granted claims from Robert E. Matt, on behalf of Eclipse Savings Corp.; Travelodge Hotels, Inc.; and Woodland Glen Homeowner s Association, Inc. for overbid proceeds resulting from Tax Deed Sale No Denied claim from Edward L. Mitchell for 1/15 th of overbid proceeds resulting from Tax Deed Sale No Denied claim from Haselton Whiteley for overbid proceeds resulting from Tax Deed Sale No Book R, Page 233

4 Upon motion of Commissioner McClain, seconded by Commissioner Zalak, the Board acted on the Consent Agenda for MSTU item 7.A.1., Parks & Recreation item 7.B.1., Procurement Services items 7.C.1. through 7., Risk & Benefit Services item 7.D.1., and Transportation County Engineer items 7.E.1. and 2., as follows: Contracts & Agreements/Roads/Subdivisions (7.A.1.) Accepted recommendation received from MSTU/Assessment Director Myra Tedder regarding municipal service taxing unit (MSTU) projects, as follows: 1. Rolling Hills Phase II project pursuant to Bid No. 11B-197 Accepted construction of improvements and executed letter to John L. Finch Contracting Corporation, contractor, advising of one (1) year warranty, which begins this date. Advisory Committees/Parks & Recreation (7.B.1.) Accepted the following recommendation from Parks Director Gina Peebles to approve and authorize the issuance of a Purchase Order, in the amount of $50,000, to the Rotary Sportsplex Board for construction of the score tower and pavilion: Description/Background: The Board of County Commissioners, through the Parks and Recreation Department, has partnered with the Rotary Sportsplex Board for fifteen years. Since 2006, the Department has overseen the day-to-day maintenance of the facility, while the Rotary Sportsplex Board coordinates league usage, volunteers and the long-range vision for the park. In the Department s FY 12/13 Pennies for Parks budget, $50,000 was earmarked for improvements to the Sportsplex including a score tower and pavilion. The Rotary Sportsplex Board has kindly offered to oversee the construction of these improvements in preparation for the 2013 World Series. This arrangement is ideal in that the members of the Sportsplex Board have community contacts with local professional trades and volunteers who would be willing to donate or greatly reduce the cost of their services to the park, leveraging the budget for a better final product. This also reduces staff time required to oversee these projects and saves money by using their existing signed/sealed engineering plans, keeping the new and existing facilities consistent. Budget/Impact: No additional budget impact as $50,000 for these improvements was approved in the Pennies for Parks FY 12/13 budget. Recommended Action: Motion to authorize the issuance of a purchase order, in the amount of $50,000, to the Rotary Sportsplex Board for the construction of park improvements. Advisory Committees/Contracts & Agreements/FEMA (7.C.1.) The Board considered the recommendation of Procurement Services Director Susan Olsen, on behalf of the Public Works division, regarding the Agreement Between County and Contractor with: a) DRC Emergency Services, LLC; and b) Hamlet Construction Company for First Push services for Disaster Debris, pursuant to Request for Proposals (RFP) No. 12P-170. It was noted if/when services were required, actual costs would vary depending on the type of disaster and extent of damage that occurred in the County. In response to Commissioner McClain, Ms. Olsen advised that three companies submitted; however with one did not agree to the price. She stated staff would go back Page 234, Book R

5 out to obtain more companies. Mr. Niblock advised that another RFP would be issued. A motion was made by Commissioner McClain, seconded by Commissioner Bryant, to approve and execute the Agreement Between County and Contractor, upon approval by Legal, with: a) DRC Emergency Services, LLC; and b) Hamlet Construction Company for First Push services for Disaster Debris. Ms. Olsen noted there were other contracts for cleanup after the First Push. The motion was unanimously approved by the Board (5-0). Buildings & Grounds/Contracts & Agreements/Districts (7.C.2.) The Board considered the recommendation of Procurement Services Director Olsen regarding the Project Amendment to the Agreement with Ethridge Construction of Marion County, Inc. for construction manager services for the Lynn Fire Station Renovation project, with an expenditure of $929,748.14, pursuant to Request for Request for Qualifications (RFQ) No. 05Q-036. In response to Commissioner Zalak, Assistant County Administrator of Public Safety Stuart McElhaney stated the project had been in the works for about three years and was part of the renovation work required to provide ambulance service. Facilities Management Director Andy Race advised that fire stations fell under a more stringent building code. He stated a fire sprinkler system required a pump, water tank, etc; noting the cost of the building was kept at $123 per square foot (SF), while new fire stations costs $170/SF. Mr. Race stated the renovation would provide room for 10 full-time firefighters. In response to Commissioner Zalak, Mr. Race stated the fire flow (water) could not be obtained from a nearby package plant, therefore a system would be built. Commissioner Zalak inquired as to savings for the ground work. Mr. Race addressed specifications for the concrete that were needed, which increased costs. A motion was made by Commissioner Zalak, seconded by Commissioner Bryant, to approve and execute the Project Amendment to the Agreement with Ethridge Construction of Marion County, Inc. for construction manager services for the Lynn Fire Station Renovation project. The motion was unanimously approved by the Board (5-0). Contracts & Agreements/Municipalities/Projects & Programs (7.C.3.) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Medical Director Agreement (contract renewal) with Frank Fraunfelter, M.D., to serve as Medical Director for Emergency Medical Services, which shall not exceed $90,000 annually, pursuant to Contract No. 11C-041. Contracts & Agreements/Grants/Projects & Programs (7.C.4.) Accepted recommendation of Procurement Services Director Olsen to approve and execute the First Amendment to the Agreement, upon approval by Legal, with Fabian Dinkins Construction, Inc. to manage developer requirements of the Neighborhood Stabilization Program (NSP) 3 project, RFP No. 11P-123. It was noted that there was no budget impact. Contracts & Agreements/Roads (7.C.5.) Accepted recommendation of Procurement Services Director Olsen to approve and execute the Agreement Between Owner and Appraiser, upon approval by Legal, with Arline & Company, Inc. for the Book R, Page 235

6 NW/NE 35 th Street Road Phase 1A Improvement Project, which shall not exceed $67,200 (up to a 10% contingency may be added to the Purchase Order), pursuant to Contract No. 13C-045. Contracts & Agreements/Districts (7.C.6.) Accepted recommendation of Procurement Services Director Olsen to authorize a single purchase for brush truck skid units from Hall-Mark Fire Apparatus, not to exceed $195,024.68, pursuant to Bid No. 11B-212. Purchasing (7.C.7.) The Board approved Purchase Orders of $50,000 and over as listed on schedule dated today. County Employees/Insurance (7.D.1.) The Board considered the following recommendation from Human Resources Director Drew Adams regarding placement of revenue funds in the Health and Wellness Insurance Fund and execution of contracts with Financial Marketing Concepts/Coast2Coast for a discount prescription drug card program, as well as authorization for staff to send a cancellation notice to the current vendor: Description/Background: Marion County has been participating in a discount prescription drug program sponsored by the National Association of Counties (NACo) and operated by CVS Caremark. The program offers prescriptions at discounted prices to citizens of Marion County. Recently, various discount prescription drug programs, including NACo, began offering rebates to counties based upon each prescription filled at program-participating pharmacies. In evaluation of the NACo proposed rebate program, Risk and Benefit Services explored other programs that would reduce prescription drug costs to residents and also generate revenue to the County. Coast2Coast (Financial Marketing Concepts, Inc.) provides rebates at $1.25 per prescription and has been selected by many (13) Florida counties primarily because they do all of the program card distribution and administration of the program. NACo provides rebates at $1.00 per prescription and requires county personnel to handle many of the administrative functions. Coast2Coast also provides many other discounted services to citizens such as dental, vision, hearing aids, diabetic supplies, lab/ imaging testing and veterinary services. The number of discount prescriptions filled during the last three years under the NACo program in Marion County has gone from a monthly high of 6,709 to a monthly low of 1,537. In 2011, the monthly average was 3,400 which could generate estimated rebate revenue, at 1.25 per prescription, of approximately $51,000. Polk County issued an RFP for a Discount Prescription Drug Card Program in 2011 and Coast2Coast/Financial Marketing Concepts, Inc. was the only response. Recommendation is to piggyback on Polk County RFP for a Discount Prescription Drug Card program with Financial Marketing Concepts, Inc., Coast2Coast RX Card. Budget/Impact: None. Rebate revenue generated from the prescription discount program will be placed in the health and wellness insurance fund. Recommended Action: Motion for the Board to approve recommendation which acknowledges placement of revenue funds in the health and wellness insurance Page 236, Book R

7 fund and allow staff to issue, and upon approval by Legal, authorize the Chairman to execute contracts with Financial Marketing Concepts/Coast2Coast for these services and to send a cancellation notice to current vendor. In response to Chairman Stone, Risk and Benefit Services Manager Sheri Wiley stated there were royalties and rebates offered to the County from Coast2Coast. Staff evaluated various programs and what had occurred in other counties. Ms. Wiley noted Coast2Coast offered $1.25 per prescription royalty back to the County and a higher discount to the citizens per prescription. She stated the current agreement with NACo offered a 60 day cancellation with no cost. Martin Dettelbach, Chief Marketing Officer, Coast2Coast, addressed the various counties and governmental entities that adopted their program. He stated the company was the first to approach State organizations, noting the staff offered a better financial consideration to the Florida Association of Counties (FAC). Mr. Dettelbach commented on the 7 additional programs that were offered, noting the company marketed and distributed the cards. Ms. Wiley stated staff contacted NACo to see if there were other services to add and provide to Marion County, noting they did not offer anything more. Chairman Stone suggested a liaison be appointed to research the matter further. Mr. Dettelbach stated the company did not have an objection to adding their contract, while keeping the one with NACo so the public could decide. Community Services Director Cheryl Amey noted her staff was responsible for distribution of the cards under the NACo program. She advised that County staff had to perform all of the marketing, noting she learned about Coast2Coast through the FAC. Commissioner Bryant stated she wanted to learn more about the company and suggested bringing back the matter at the next Board meeting. Contracts & Agreements/Deeds (7.E.1.) Accepted the following recommendation from County Engineer Bouyounes, Office of the County Engineer, to approve and execute the Sale and Purchase Agreement to Lavon Tindell, as well as the Deed with same for the Old Fort McCoy Fire Station, Parcel No : Description/Background: This is a request to approve the attached Sale and Purchase Agreement and F.S. 125 Deed between Marion County and Lavon Tindell for the Old Fort McCoy Fire Station, in AS IS condition. Three bids were received and staff recommends acceptance of the highest bid in the amount of $37,150. The property was purchased by Marion County in 2000 from Ocala Lumber Sales Company for a nominal price of $6,785 and is no longer needed for County use. Budget Impact: Revenue of $37,150 Fire Rescue Sale of Surplus Land Recommended Action: Motion to approve the attached Sale and Purchase Agreement and Deed and authorize the Chair and Clerk to execute the same. Contracts & Agreements/Resolutions/Roads (7.E.2.) Accepted the following recommendation from County Engineer Bouyounes, Office of the County Engineer, to adopt Resolution 12-R-492 approving execution of the Local Agency Program (LAP) Agreement with the State of Florida, Department of Transportation (FDOT), for the construction of CR 314A paved shoulder, from NE 6 th Street to NE 30 th Lane: Book R, Page 237

8 Description/Background: FDOT is reimbursing Marion County for construction costs associated with this project, and those expenditures are programmed for this fiscal year. The project was designed by in-house personnel and generally consists of shoulder widening, vibratory striping, and pipe improvements along a 2.39 mile length, located north of SR 40. The funding allocated by FDOT is $819,897 and the County will be reimbursed for 100% of construction costs up to that amount, provided the terms of the Agreement are met. Costs in excess of $819,897 will be paid by the County. Budget/Impact: Neutral Funds for construction are included in the Adopted 2013 Fiscal Year Budget, as Line Item Construction specific expenses will be reimbursed by FDOT, up to $819,897. Recommended Action: Motion to approve the attached Agreement and Resolution, and authorize the Chairman and Clerk to execute the same. Resolutions/Roads/Subdivisions (8.A.) County Attorney Matthew G. Minter presented the following recommendation regarding the Initial Assessment Resolutions relating to: 1) Thoroughbred Acres/Thoroughbred 1 st Addition Improvement Area: 2) Fort King Forest Improvement Area; and 3) Country Estates Southeast Improvement Area: Description/Background: Pursuant to the Capital Improvement Ordinance (No ), the attached Initial Assessment Resolution has been prepared for the following assessment projects: Thoroughbred Acres/Thoroughbred 1 st Addition Improvement Area Fort King Forest Improvement Area Country Estates Southeast Improvement Area The adoption of these resolutions is the next step in the road assessment process. The date for holding the public hearing for adoption of the Final Assessment Resolutions is December 4, Budget/Impact: None Recommended Action: Consider adoption of Initial Assessment Resolutions and authorize the Chair and Clerk to execute same. A motion was made by Commissioner McClain, seconded by Commissioner Bryant, to adopt Resolutions 12-R-493 for the Thoroughbred Acres/Thoroughbred 1 st Addition Improvement Area, 12-R-494 for the Fort King Forest Improvement Area and 12-R-495 for the Country Estates Southeast Improvement Area. The motion was unanimously approved by the Board (5-0). It was noted the final public hearing was scheduled for Tuesday, December 4, 2012 at 2:00 p.m. Resolutions/Subdivisions (8.B.) County Attorney Minter presented the following recommendation regarding a Resolution delegating authority to, and directing the MSTU Director to comply with the satisfaction of lien requirements: Description/Background: Pursuant to the Board s direction, the attached Resolution authorizes the MSTU/Assessment Director to record an appropriate instrument of satisfaction of fully paid assessments, and to mail the recorded satisfaction to the property owner. Budget/Impact: None Recommended Action: The Board is requested to adopt the attached Resolution Page 238, Book R

9 and authorize Chairman and Clerk to execute same. A motion was made by Commissioner Amsden, seconded by Commissioner McClain, to adopt Resolution 12-R-496 delegating authority to the MSTU/Assessment Director to comply with the satisfaction of lien requirements. The motion was unanimously approved by the Board (5-0). Resolutions/Utilities (8.C.) County Attorney Minter presented the following recommendation regarding a Resolution for the Florida Governmental Utility Authority (FGUA) to proceed with acquisition due diligence evaluations of privately owned water and wastewater systems located in Marion County: Description/Background: On December 20, 2011, the Board approved execution of a resolution for Florida Governmental Utility Authority (FGUA) to proceed with acquisition due diligence evaluations of privately owned water and wastewater systems located in Marion County. Aqua America, Inc. (Aqua), a private public utility, holds utility assets and systems within Marion County and has offered to sell all their Florida assets to FGUA. FGUA now presents a resolution acknowledging that the Board will assist and cooperate with FGUA and approve the acquisition of the utility assets and systems of Aqua located within the County. Budget/Impact: None Recommended Action: Request a motion authorizing the Chair to execute the attached Florida Governmental Utility Authority Resolution. In response to Commissioner McClain, Mr. Minter noted the Utilities staff would meet with FGUA and advised that there was no financial commitment on behalf of the county. In response to Chairman Stone, Utilities Director Flip Mellinger advised that staff would help identify where there was service to interconnect in order to reduce operating costs. He clarified that there was no need to assign a specific person or change activities to accommodate the matter. A motion was made by Commissioner McClain, seconded by Commissioner Zalak, to adopt Resolution 12-R-497 regarding the acquisition of water utility assets. The motion was unanimously approved by the Board (5-0). Resolution 12-R-497 was entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, FINDING THAT THE ACQUISITION OF THE WATER UTILITY ASSETS OF AQUA AMERICA, INC. LOCATED IN MARION COUNTY, FLORIDA, IS IN THE PUBLIC INTEREST; AUTHORIZING SUCH ACQUISITION BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE. Animal Control/County Employees Assistant County Administrator of Public Safety McElhaney introduced the new Animal Services Director Deborah Horvath. Ms. Horvath thanked the Board for the opportunity and stated she looked forward to a great tenure with Marion County. Roads/Projects & Programs (11.A.) A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to schedule a ribbon cutting ceremony Book R, Page 239

10 on Thursday, December 6, 2012 at 11:00 a.m. for the SW 42 nd Street Flyover project. The motion was unanimously approved by the Board (5-0). (Ed. Note: This item was again addressed later in the meeting.) Parks & Recreation (11.B.) A motion was made by Commissioner McClain, seconded by Commissioner Bryant, to schedule a workshop on Tuesday, December 4, 2012 immediately following the 2:00 p.m. MSTU Department s Public Hearing to discuss the maintenance of Shocker Park. The motion was unanimously approved by the Board (5-0). Gas Tax/Ordinances (11.C.) A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to schedule a workshop on Tuesday, December 4, 2012 immediately following the Parks and Recreation workshop to discuss the renewal of the 1 st Local Option Fuel Tax (6 Cents). The motion was unanimously approved by the Board (5-0). Advisory Committees/Legislature/Litter Control (11.D.) The Board considered the request from the Regulatory Review Advisory Board (RRAB) to send a recommendation to Representative Dennis Baxley regarding researching a possible State law that would eliminate the sales tax on reusable shopping bags or provide tax credits to stores that sell reusable shopping bags. Chuck Pardee, President, RRAB, stated it was a good idea to make the reusable shopping bags non-taxable. He advised that only State government could ban the use of trash bags and noted Publix reduced its number, since 2007, by 2 billion bags. Since May of 2012, Publix reduced an additional 4 million bags. In response to Commissioner Bryant, Mr. Pardee stated Representative Baxley suggested a ground-up approach and recommended he present this before the Commissioners. Mr. Niblock noted staff could consider the matter when bringing back the Legislative Agenda before the Board during its annual review. Commissioner Zalak stated he did not want to make this matter a legislative priority and expressed concern with the RRAB going to the State regarding the matter. He clarified that the RRAB should review county issues. Chairman Stone noted there would be no Board action on the matter. Advisory Committees/Ordinances/Roads (11.E.) The Board considered the request from the Regulatory Review Advisory Board (RRAB) to review the Scenic Roads Ordinance in order to streamline the process. In response to Chairman Stone, Assistant County Administrator of Public Works and Growth Management Mounir Bouyounes addressed the process of merging the Scenic Roads Ordinance into the Land Development Code (LDC) per prior Board direction. He stated the matter would be brought back in upcoming workshops when the LDC was brought back. In response to Chairman Stone, Mr. Bouyounes stated he would not recommend having two advisory committees reviewing the document. Discussion ensued. Commissioner McClain directed the rough draft from the review of the LDC be provided to the RRAB for review. Mr. Pardee stated the RRAB did not mind waiting to review the LDC, noting he would attend the LDC workshops. Page 240, Book R

11 Roads/Projects & Programs (11.A.) Mr. Pardee advised that the roads in the SW 42 nd Street Flyover were named by the Transportation Planning Organization (TPO) and inquired as to the process. Chairman Stone noted the road would have to be approved by the Board before signage was erected. Mr. Bouyounes stated the road was constructed by the County and an agreement with the City of Ocala required future maintenance of the road be turned over to the City. He clarified that the timing of the signage for the road may be determined as when it would be implemented to see which Board (either the County or the City Council) would approve the matter. Commissioner Amsden suggested having one ceremony and suggested it be approved by the Board before the ribbon cutting ceremony. Board discussion ensued regarding ownership, road signage to be erected and other considerations for the road. Mr. Niblock stated he would work with the City Manager to present the item to the Board and City Council. Ordinances (12.A.1.) Commissioner Bryant commented on the Panhandling Ordinance, noting a decision needed to be made. Mr. Minter advised that, should the Board desire, he could bring back the Pasco County Ordinance for consideration to use before scheduling a public hearing for the adoption. Commissioner McClain suggested scheduling meetings after the new Sheriff was elected before moving forward. It was the general consensus to bring the matter back after the elections. Mr. Minter stated he would work with staff regarding the issue. Projects & Programs (12.A.2.) Commissioner Amsden commented on efforts for the Salvation Army. He expressed concern with few volunteers helping ring the bells and suggested everyone pass the word to encourage participation. County Employees (12.A.3.) Chairman Stone commended Fiscal Manager John Schaefer for efforts in bringing the Florida Benchmarking Consortium conference to Marion County. Commissioners (12.B.) The Chairman acknowledged receipt of the November and December 2012 Commission calendars. Legislature/Litter Control/Ordinances (12.C.1.) Roger Knechtel, SE 97 th Terrace Road, Summerfield, presented a handout of the changes made by the Florida Legislature to restricted regulated metals. He commented on the use of plastic bags. Hospitals/Proclamations (12.C.2.) Carl Crabtree, NW 115 th expressed concern with the MRMC proclamation. Avenue, Communications (13.) For information and record, the Chairman acknowledged receipt of the following Notation for Record correspondence, items A and B from County Administrator Niblock, and items C and D from Clerk Ellspermann: A. County Administrator Informational Items: A. Present Growth Services department monthly report for September Book R, Page 241

12 B. General Informational Items: 1. Present outside counsel fees. 2. Present the Florida Department of Environmental Protection (FDEP) district boundaries. 3. Present Southwest Florida Water Management District notification of adopted budget for FY to Governor Rick Scott. 4. Marion County Health Department For the latest edition of Marion Scripts, visit the website at C. Clerk of the Court: 1. Present Internal Audit Report regarding EDFIG compliance review of IHMC. 2. Present parcels of Homestead property which the County may purchase (within 90 days from 08/29/12) for the opening bid amount, pursuant to Chapter (6)(c), Florida Statues. 3. For the month ended September 30, 2012, a list of checks drawn on Commission Accounts, pursuant to Chapter , Florida Statutes, are located at the following website address: registers 4. Present parcels of Homestead property which the County may purchase (within 90 days from 09/12/12) for the opening bid amount, pursuant to Chapter (6)(c), Florida Statues. 5. Present parcels of Homestead property which the County may purchase (within 90 days from 09/26/12) for the opening bid amount, pursuant to Chapter (6)(c), Florida Statues. 6. Present letter received from Secretary of State's Office advising that Ordinance (Zoning) was filed. 7. Present regular report of Utilization for Reserve for Contingencies. 8. Present monthly report for the Building Department budget and actual. D. Present for information and record, minutes and notices received from the following committees and agencies: 1. Board of Adjustment (BOA) - September 10, Development Review Committee (DRC) - September 17 and 24, Land Development Regulation Commission (LDRC) - September 12, Marion County Hospital District Board of Trustees (MCHD) - August 13 and 27, Marion Oaks MSTU for General Services Advisory Council September 26, 2012 newspaper write-up. 6. Marion Oaks MSTU Advisory Council - January 10, February 14, March 13, April 10, May 8, June 12 and August 14, Parks and Recreation Advisory Council (PRAC) - August 15, Rainbow Lakes Estates (RLE) Advisory Committee - August 2 and 16, Page 242, Book R

13 9. Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Committee - July 27 and August 15, Regulatory Review Advisory Board (RRAB) - August 7 and September 4, Silver Springs Shores Special Tax District Advisory Council - June 14 and July 12, Southwest Florida Water Management District (SWFWMD) - For minutes and agendas, visit the website at St. Johns River Water Management District (SJRWMD) - For minutes and agendas, visit the website at Transportation Planning Organization (TPO) - For minutes and agendas, visit the website at Withlacoochee Regional Water Supply Authority (WRWSA) - For minutes and agendas, visit the website at Zoning Commission - August 27, There was a recess at 10:54 a.m. The meeting reconvened at 2:01 p.m. with all members present, except Commissioner Amsden. The meeting opened with the Pledge of Allegiance to the Flag of our Country. Ordinances/Zoning (14.) Deputy Clerk Bonvissuto presented Proof of Publication No. A entitled, Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on October 2, The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits. Assistant County Administrator of Public Works and Growth Management Mounir Bouyounes, Zoning Manager Sam Martsolf, Senior Planner Chris Rison, Executive Staff Assistant Jan Stevens, Staff Assistant Stephanie Soucey and County Attorney Matthew G. Minter were present. Chairman Stone advised of the process for today s Zoning hearings. Ordinances/Zoning (14.A.) Zoning Manager Sam Martsolf advised that the two (2) petitions listed on the consent agenda were recommended for approval by both the Planning Division and Zoning Commission. He stated the consent agenda items would be acted on in one motion, as follows: ITEM NO. OWNER S NAME FROM-TO ACREAGE SU Javier & Paola Gamboa Special Use Permit in R SU SonShine Ministries Special Use Permit in B Church Motion was made by Mr. Kesselring, seconded by Mr. Gaekwad, to approve items SU and SU, as listed on the Consent Agenda. Motion passed 6 to 0. There was no public comment. Book R, Page 243

14 Chairman Stone stated the Board would adopt the two zoning matters with one motion as there was no opposition. Commissioner Zalak voiced his concern with language relating to administratively renewing Special Use Permits for 2 consecutive 3-year periods. Mr. Martsolf commented on the amount of renewals coming forward, noting Jimmy Gooding suggested they be approved administratively. Chairman Stone stated it was not the direction of this Board to include that language in the renewals and would recommend that it be stricken from all of the Special Use Permits. He suggested that a workshop be scheduled at some point in time to address the matter. Mr. Martsolf advised that Mr. and Mrs. Gamboa had a 3 year expiration date; however, SonShine Ministries Church had no expiration date. He noted the Gamboa s had been in business for 3 years now and had received no complaints. Commissioner Zalak noted his concern with them not coming back before the Board to address issues. Commissioner McClain opined that discussion was had with regard to allowing staff to approve them administratively if there were no complaints or major changes. Commissioner Bryant concurred. General discussion ensued. Commissioner Bryant stated a workshop would be scheduled at a later date to address the issue. County Attorney Minter stated the County could have two different categories. He cautioned the Board regarding administrative renewal and noted, generally speaking, the law expected that if delegating the authority to make a decision to an Administrator, the Board was to provide Standards to guide those decisions. Mr. Minter stated it was not adequate to state that it was delegating authority to the Zoning Director and whatever he decided was then acceptable, as Standards needed to be in place. Chairman Stone stated the County would have an opportunity to discuss that at length in the future, but for today, unless directed otherwise, the language would be removed from all requests. Commissioner McClain inquired if Items 14A1 and 14A2 would be approved for a period of time. Chairman Stone concurred. Mr. Martsolf reiterated that Item 14A2 did not have an expiration date. Chairman Stone stated 14A2 would stand as is, and 14A1 would expire in 3 years. A motion was made by Commissioner Zalak, seconded by Commissioner Bryant, to approve consent agenda items 14.A.1. and 2., with changes (as noted below), based on Planning Division staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses, were consistent with the Comprehensive Plan and would not adversely affect the public interest. The motion was unanimously approved by the Board (4-0). The motion approved the consent agenda items as follows: Resolutions/Zoning (14.A.) 1. (Zoning Commission SU Consent) The Board adopted Resolution 12-R-498 granting a petition by Javier and Paola Gamboa, owners and applicants, 113 SE 62 nd Avenue, Ocala, FL, requesting a Special Use Permit, Section 5.3 of the Marion County Land Development Code, for renewal of Special Use Permit #100704SU, allowing a dog grooming business with a maximum 15 dogs per week, on approximately.3 acres, in an R-4 zone, on Parcel Account No Resolution 12-R-498 contained the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. Page 244, Book R

15 2. The grooming service will be limited to a maximum of fifteen (15) dogs per week less than 45 pounds. 3. The maximum hours of operation for the grooming service shall be Monday through Saturday, 8:30 am to 4:00 pm. No grooming services shall be conducted on Sunday. 4. A maximum of one dog may be dropped-off for grooming service up to one hour before the beginning of the hours of operation. All other drop-off shall occur during the hours of operation. 5. A maximum of one dog may be picked-up from grooming service up to one hour after the end of the hours of operation. All other pick-up shall occur during the hours of operation. 6. No more than five (5) dogs for grooming service may be on-site at any time (awaiting grooming, being groomed, grooming completed). 7. The Special Use Permit is effective for the total 0.30 acre site, and shall terminate if there is a division or subdivision of the property. 8. The owner/operator (Paola Gamboa) shall reside on-site. 9. The owner/operator (Paola Gamboa) shall be the groomer/service provider, and the only business employee on-site. 10. The Special Use Permit shall run with the property owner (Paola Gamboa), and not with the property. 11. The Special Use Permit shall expire on October 16, Special Use Permit SU, Resolution No R-278 is hereby repealed and replaced by this Special Use Permit. Resolutions/Zoning (14.A.) 2. (Z. C SU Consent) The Board adopted Resolution 12-R-499 granting a petition by SonShine Ministries Church/Ray Brewer, owner, (Pastor Michael Hunkus, applicant), SE 89 th Terrace Road, Summerfield, FL, requesting a Special Use Permit, Section 2 of the Marion County Land Development Code, for expansion of area approved for church by existing Special Use Permit onto contiguous parcel, on approximately 1.72 acres, in a B-1 zone, on Parcel Account Nos and Resolution 12-R-499 contained the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. Use of the site shall be limited to conducting church and Sunday school related activities and/or those uses consistent with the site's zoning and the Land Development Code. 3. Access to the site shall be limited to SE 123 rd Street Road. Within 30 days of approval of this Special Use Permit the applicant shall contact the Office of the County Engineer (OCE) and determine if any driveway/access improvements are required. The applicant/owner/ operator shall be responsible for completing any such improvement(s) required by the OCE within 90 days of approval of this Special Use Permit. 4. A minimum Land Development Code Type "E" Buffer (minimum 5' wide, 4 trees per 100 LF, and a continuous double-staggered hedgerow to reach 60" in two years) shall be provided along the site's SE 123 rd Street Road frontage, allowing a minimum opening to accommodate the proposed driveway and required sight distances. Book R, Page 245

16 Subdivisions/Utilities/Water (14.B.1.) Zoning Manager Martsolf presented the following recommendation from DRC Chairman Bouyounes regarding the landscape irrigation waiver for Spruce Creek Preserve Subdivision as requested by the Spruce Creek Preserve Home Owners Association regarding Parcel No : Description/Background: Ordinance implements procedures that promote water conservation through the more efficient use of landscape irrigation. The Home Owners Association requests this waiver renewal. Scheduling by phase versus house number (even/odd) is consistent to previous schedules submitted in an effort to preclude excessive demand on the community's water pumping supply system. It is understood that once a week restrictions (prior to 8 am or after 6 pm) remain in effect. A certification letter has been provided from Proscape, Inc which reflects that the Association's irrigation systems are equipped with workable rain sensors and each zone has been inspected to ensure compliance. This project s previous landscape irrigation waivers were granted by the Board on July 1, 2008 and May 17, DRC action on September 10, 2012, by a vote of 5-0, was to approve the waiver request. Budget/Impact: None. Recommended Action: Motion to approve the requested irrigation waiver as recommended by DRC. Mr. Martsolf commented on the request and DRC s recommendation for approval. A motion was made by Commissioner McClain, seconded by Commissioner Zalak, to approve the irrigation waiver as recommended by DRC. The motion was unanimously approved by the Board (4-0). Easements/Subdivisions (14.B.2.) Zoning Manager Martsolf presented the following recommendation from County Engineer Bouyounes, Office of the County Engineer, regarding an Easement over and across Tract C of Bridle Ridge Subdivision for Parcel No as requested by Sherry Chanavorachai: Description/Background: This is a request to approve an application for an easement made by Sherry Chanavorachai in order to establish access to her existing residence that was built in The constructed driveway crosses a 1 x 60 strip of land located at the southerly end of NW 83 rd Terrace of Bridle Ridge Subdivision. This 1 strip is also known on the Plat as Tract C and was conveyed to Marion County in order to prohibit illegal subdividing of the adjacent parcels. The Development Review Committee considered this request on October 8, 2012 and it was the Committee s recommendation that the Easement be granted but limited to providing ingress, egress and public utilities for one (1) single-family residence located on Parcel # Budget/Impact: Revenue of $350 - Transportation Road Closing Recommended Action: Motion to approve the attached Easement and authorize the Chair and Clerk to execute the same. Mr. Martsolf noted that the attorney representing the applicant requested a slight change to the language, which would not change the intent. He stated staff was agreeable with the language change. Page 246, Book R

17 Randy Klein, NW 3 rd Avenue, attorney representing the applicant, stated the wording was for access to a residence and guest cottage, but should be to the property. He stated there was no objection to the prohibition of further subdivision of the property. Mr. Klein noted the Easement was for ingress/egress and public utilities to the property, as described, which may not be further subdivided. Commissioner Zalak questioned access to the property today. Mr. Klein stated the driveway had been across Tract C since 1998, but did not have the benefit of an Easement. A motion was made by Commissioner McClain, seconded by Commissioner Bryant, to approve and execute the Easement (as amended) to Sherry Chanavorachai for the purpose of providing ingress, egress and public utilities for a single-family residence (Parcel No ) within the Bridle Ridge Subdivision. The motion was unanimously approved by the Board (4-0). Resolutions/Zoning (14.C.) 1. (Z. C SU) The Board considered a petition by Duane T. and Abigail L. Conder, owners and applicants, 5595 SE 140 th Street, Summerfield, FL, requesting a Special Use Permit, Section 5.3 of the Marion County Land Development Code, for a dog kennel for 15 adult dogs (toy poodles and maltese) for breeding only, on approximately acres, in an A-1 zone, on Parcel Account No PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 19 = 0%. ZONING COMMISSION RECOMMENDATION: Motion was made by Mrs. Mangram, seconded by Mr. Kesselring, to agree with staff's findings and recommendation, and recommend approval with the approval with conditions, deleting Condition #3, which prohibits commercial sale of dogs/puppies on-site, based on the following findings of fact: 1. Is compatible with surrounding area. 2. Is consistent with the Marion County Comprehensive Plan. 3. Will not adversely affect the public interest. Motion passed 6 to 0. Senior Planner Rison stated the Planning Division staff recommended approval with the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. The kennel is limited to a maximum of fifteen (15) adult breeding dogs. Puppies may be maintained on site until weaned and/or not to exceed 12 weeks. 3. No commercial sales of dogs/puppies shall occur on-site. 4. The site shall remain fully fenced, and the kennel shall be limited to the 720SF area in the existing barn located in the eastern portion of the subject property. 5. The outdoor run/kennel area shall be limited to the existing 25' (N-S) x 85' (E-W) outdoor run/exercise space adjoining the south (street) side of barn. 6. Existing vegetation and trees shall be maintained on the overall site. 7. Opaque fencing (e.g., privacy fencing, etc.) shall be provided along the south side of the existing outdoor run/kennel area. 8. The owner/operator(s) (Duane & Abigail Conder) shall reside on-site. Book R, Page 247

18 9. The Special Use Permit shall run with the owner/operator (Duane & Abigail Conder) and not with the property. 10. The Special Use Permit shall expire/terminate if there is a division and/or subdivision of the subject property. 11. The Special Use Permit shall expire on October 16, 2015; however, it may be renewed administratively for up to two consecutive 3-year periods, not to exceed October 16, 2021, by a written instrument signed and issued by the Zoning Manager (or position equivalent to the Zoning Manager at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Zoning Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time). (Ed. Note: SF is the acronym of Square Feet/Foot; E-W is the abbreviation for East West; N-S is the abbreviation for North South; inches is abbreviated as ; and feet is abbreviated as.) Mr. Rison noted the Zoning Commission recommended approval with the deletion of Condition No. 3, noting part of the reasoning was that the property was zoned Agricultural, which allowed the sale of agricultural products. He noted the property was also a horse farm. The applicants were present and advised from their seats in the audience that they would address the Board after public comment. There was no public comment. In response to Chairman Stone, the applicants advised they had nothing to add at this time. Chairman Stone stated public comment was now closed and the matter would be brought back to the Board for action. A motion was made by Commissioner McClain, seconded by Commissioner Bryant, to adopt Resolution 12-R-500 granting the Special Use Permit, with Conditions 1 through 11, as amended (see below), based on Planning Division staff and the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses, was consistent with the Comprehensive Plan and would not adversely affect the public interest. Condition No. 3 was deleted; Condition No. 11 was amended and renumbered as Condition 10 (due to removal of Condition No. 3), as follows: Condition No. 10: The Special Use Permit shall expire on October 16, The motion was unanimously approved by the Board (4-0). Resolutions/Zoning (14.C.) 2. (Z. C SU) The Board considered a petition by Luis and Mindi Licha, owners and applicants, NW 8 th Lane, Ocala, FL, Page 248, Book R