Official Minutes of MARION COUNTY

BOARD OF COUNTY COMMISSIONERS

July 1 2014

The Marion County Board of County Commissioners met in regular session in Commission Chambers at 905 am on Tuesday July 1 2014 at the Marion County Governmental Complex located in Ocala Florida

The meeting opened with invocation by Commissioner Arnett 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 County Administrator Lee A Niblock

Advisory CommitteesCommissioners - Chairman Zalak addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12B) and advised of vacancies on various advisory boards

ProclamationsProjects amp Programs - (1A through C) - Upon motion of Commissioner Bryant seconded by Commissioner Moore the Board approved the following

A Presentation recognizing supporters of the State Veterans Nursing Home site selection tour and community rally

B Proclamation designating the month of July 2014 as Parks and Recreation Month

C Proclamation designating the month of July 2014 as Water Safety Awareness Month

Projects amp ProgramsNeterans - (1A) - The Board approved the following recommendation from Executive Assistant Teresa Darnell Commissioners Office in recognition of supporters of the State Veterans Nursing Home site selection tour and community rally

DescriptionBackground The Marion County Board of County Commissioners gratefully acknowledges the following supporters of our communitys veterans at the Marion County State Veterans Nursing Home Site Selection Tour and Community Rally on June 202014

On Top of the World Communities Inc Beautiful Moments Party Rentals amp Supplies Inc Bob Evans Restaurant Brooklyns Backyard Fresh Green Tomato Catering Company Kingdom of the Sun Concert Band McLauchlin amp Company The Mojo Grill amp Catering Company Reaching Up Inc

Book T Page 601

July 1 2014

Smallcakes Ocala Southeastern Youth Fair Tillman amp Associates Engineering LLC Waste Pro USA Inc

BudgetImpact None Recommended Action Motion for approval and presentation Chairman Zalak commented on the event that occurred in regard to the Veterans

Assisted Living Facility and the Site Selection Committee visit and thanked everyone involved He stated the Board wanted to show its support and recognition to all those who helped

Public Information Manager Barbra Hernandez showed a slide presentation of photographs taken during the event on June 20 2014 Marion County was an ideal location to site a 120 bed nursing home funded through the Florida Department of Veterans Affairs and the US Department of Veterans Affairs The Community Rally held on June 20th offered residents an opportunity to meet State Selection Community representatives and provide public comment in support of the initiative She noted that approximately 500 people were under the tent at one point Ms Hernandez called each community partner up to the stage to accept a framed Certificate of Recognition and photo with the Board of County Commissioners (BCC) Afterward she invited all staff members who participated in this effort to step up for a group photograph

Chairman Zalak voiced the Boards appreciation to staff that helped coordinate the event and kept the focus on our veterans

Parks amp RecreationProclamations - (1B) - The Board presented the Proclamation designating the month of July 2014 as Parks and Recreation Month to Parks and Recreation Director Gina Peebles

Ms Peebles thanked the Board for the Proclamation noting athletes from soccer and baseball was present She advised that really good news stories were happening in regard to some of the Sportsplexs 4 teams at Shocker Park and 2 teams at the Belleview Sportsplex were playing for State titles Also the Rotary Sportsplex would host the Cal Ripken World Series next month

ProclamationsPublic HealthlWater - (1C) - The Board presented the Proclamation designating the month of July 2014 as Water Safety Awareness Month to Angelia Dietrich

Program Administrator Angelia Dietrich Florida Department of Children and Families (DCF) Wildwood noted that over the last 2 years Marion County had 2 children who had died as a result of drowning Hundreds of other reports were received in regard to near drowning As a community everyone needed to be very aware whenever small children were around any body of water

It was noted that DCF Marion County Safe Kids Coalition Marion County Health Department Marion County Fire Rescue (MCFR) and the Boys amp Girls Club of Marion County would be engaging communities throughout Marion County to help educate families about water safety

Budgets - (2A1) - Domenic Ferrelli Chestnut Drive Silver Springs Shores commented on the budget and the sales tax proposals He stated he would not mind the tax increases so much if it provided a better community Mr Ferrelli commented on a

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July 1 2014

recent newspaper article in regard to violence noting he shared the same concerns in his neighborhood He stated more accountability of managers was needed for taxpayer money being spent The focus should be on bringing more business growth to the community to provide better jobs as the unemployment rate was too high

SchoolsSher(ff - (2A2) - Carolyn Torrey SE 14th Avenue advised that she was present to address a complaint she made in regard to misuse of public funds by Marion County Public Schools The concerns were delivered to the Marion County Sheriffs Office (MCSO) but they would not investigate The Auditor General had already investigated the misuse of funds and provided findings She advised that the job of the Sheriffs Office was to prosecute Ms Torrey opined that the corruption needed to stop She presented an 18 page handout regarding her complaint and inquired if the Board would consider submitting the information to an outside County for investigation and prosecution if Sheriff Blair would not perform his job

County Attorney Matthew G Minter advised that Ms Torrey was speaking about an issue of separation of powers noting the BCC andmiddot Sheriff were 2 separate constitutional entities The BCC had no superintendence over the School Board and was not designated by law to supervise or investigate tl1e School Board The BCC could not tell the Sheriff how to conduct his investigations

Ms Torrey opined that the Attorney Generals Opinion (AGO) was different Mr Minter stated that he was willing to look at the information Ms Torrey noted that she had been involved with State Departments who advised that prosecution needed to occur by prosecutors from the local area She stated if the County was unable to do that she would request a response in writing for her to submit to the AGO where she would advise that local prosecution could not be done in this area and would ask the AGO to designate another prosecutor out of this area who had no political ties Mr Minter stated the BCC was not the prosecutor or Sheriffs Office Ms Torrey noted the Board funded the MCSO and could withhold funding Mr Minter advised that he would respond to whatever documents were submitted however that would not occur today

Libraries - (2A3) - Henry Munoz Marion Oaks Boulevard commented on Consent Agenda Item 7 A 1 and reminded the Board that Marion Oaks had been promised a library for at least 5 years In response to Chairman Zalak Mr Munoz stated they had a small satellite library but was speaking about a larger library similar to the Liberty Library

Minutes - (3A and B) - A motion was made by Commissioner Bryant seconded by Commissioner Arnett to adopt the meeting minutes of May 22 and June 3 2014 The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Federally-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Performance Grant (EMPG) Award (Contract Number 15-FG-_-05-52-01-109) as requested by Grant Coordinator Ashley Clark MCSO It was noted that the grant award totaled $94261 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs

Book T Page 603

July 1 2014

Emergency Management budget The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4B) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the State-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Preparedness and Assistance (EMPA) Award (Contract Number 15-BG-83-05-52-01-042) as requested by Grant Coordinator Clark MCSO It was noted that the grant award totaled $105806 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs Emergency Management budget The motion was unanimously approved by the Board (5-0)

BudgetsSheriffNehicles - (4C) - The Board considered the request of Sheriff Chris Blair to expend $179566 from the Crime Prevention Fund to purchase five (5) vehicles and related equipment for the newly formed Drug Interdiction Team at MCSO ($43078 would be used to purchase a K-9 vehicle and all necessary equipment and $136488 would be used to purchase the remaining 4 vehicles) It was noted the Fund was established by Sections 775083 163501 - 163523 Florida Statutes (FS) and met Chapter 163 FS guidelines

Chairman Zalak commented on the $179566 from the Crime Prevention Fund and questioned how much of that would be recurring in the next budget cycle Lieutenant Kevin Rowe MCSO advised that about $700000 was currently in that Fund and stated there would be no recurring costs He noted he was told that there would be no recurring costs for vehicles

Commissioner McClain stated that was not true noting vehicles would have to be purchased which would have to be replaced at some point in time He noted that whether or not they went back to this fund to replace the vehicles was a whole other question If something was purchased today that had to be replaced in less than 20 or 30 years then recurring expenses had to be considered The Fund would probably have money in it going forward so it was not a huge issue however it was a recurring expense

Chairman Zalak understood that they could not go back into the fund for the same material Clerk Ellspermann stated there was no precedent of going back to the Crime Prevention Fund to re-fund something once the money was spent for that incident or event unless it was a new program Chairman Zalak noted it became an operating expense at that point Clerk Ellspermann concurred

Chairman Zalak inquired if the officers were new or newly assigned Lieutenant Rowe stated they were newly assigned but could not advise as to what sections they were being taken from at this time however he could get an answer

General discussion ensued In response to Commissioner McClain Clerk Ellspermann stated although this

expenditure was appropriate within that Fund there had never been a recurring nature of any costs so far within that fund Chairman Zalak stated they were not budgeting year after year in this fund as an operating expense but assumed a new one could be purchased Clerk Ellspermann concurred noting $998465 was currently in that Fund prior to the expenditure

Commissioner Arnett inquired if the Deputies currently had cars but would be

Page 604 Book T

July 1 2014

leaving those units to go to other vehicles Lieutenant Rowe speculated that it may be cars being taken out of service due to the high millage however he did not know for sure

Commissioner McClain asked if this matter could be pulled for a couple of weeks to address future recurring costs He noted concern with using one-time money for recurring expenses County Administrator Lee A Niblock advised that in the intervening 2 weeks all budget workshops would have been held noting this would be a good discussion item when the Sheriffs budget was addressed

A motion was made by Commissioner McClain seconded by Commissioner Arnett to table the matter for two weeks The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSchoolsSheriff - (40) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute an Agreement with the School Board of Marion County Florida and Chris Blair as Sheriff of Marion County for the School Resource Officer Program for the period of August 18 2014 through June 3 2015 as submitted by the Marion County Sheriffs Office The motion was unanimously approved by the Board (5-0)

GrantsProjects amp Programs - (4E) - The Board considered the following recommendation from Interim Trial Court Administrator Jonathan Lin regarding award of services from Alcohol Monitoring Systems Inc for SCRAMTM Systems as the fiscal agent

DescriptionBackground On April 15 2014 Court Administration obtained approval from the BOCC to apply for a SCRAMTM Systems Alcohol Monitoring Grant for the Marion County Veterans Treatment Court (VTC) and subsequently applied for this in-kind grant from Alcohol Monitoring Systems Inc On June 4 2014 Court Administration was notified that Marion County had been awarded a grant The grant will provide in-kind to our local Veterans Treatment Court (VTC) with no-cost use of SCRAM Continuous Alcohol MonitoringTM (SCRAM CAMTM) equipment for up to three (3) VTC clients with no-cost daily monitoring for up to ninety (90) days per client for a total of 270 monitoring days This award amounts to $324000 worth of equipment and services The grant must be used in full on or before December 312014 Budget Impact None Recommended Action Request to approve the acceptance of this grant A motion was made by Commissioner McClain seconded by Commissioner

Moore to accept the SCRAMTM Systems Alcohol Monitoring Grant from Alcohol Monitoring Systems Inc The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 19) - Clerk Ellspermann advised that based on the motion just made (Item 4C) he would pull Items 5A 18 and 5A 19 from consideration and would therefore be presenting Items 5A 1 through 5A 17 for approval

Chairman Zalak requested Items 5A4 and 5A6 also be pulled for separate action as he did not support the Neighborhood Stabilization Program (NSP)

Upon motion of Commissioner McClain seconded by Commissioner Bryant the Board adopted the following Budget Amendment Resolutions presented on behalf of Clerk Ellspermann

Book T Page 605

July 1 2014

Smallcakes Ocala Southeastern Youth Fair Tillman amp Associates Engineering LLC Waste Pro USA Inc

BudgetImpact None Recommended Action Motion for approval and presentation Chairman Zalak commented on the event that occurred in regard to the Veterans

Assisted Living Facility and the Site Selection Committee visit and thanked everyone involved He stated the Board wanted to show its support and recognition to all those who helped

Public Information Manager Barbra Hernandez showed a slide presentation of photographs taken during the event on June 20 2014 Marion County was an ideal location to site a 120 bed nursing home funded through the Florida Department of Veterans Affairs and the US Department of Veterans Affairs The Community Rally held on June 20th offered residents an opportunity to meet State Selection Community representatives and provide public comment in support of the initiative She noted that approximately 500 people were under the tent at one point Ms Hernandez called each community partner up to the stage to accept a framed Certificate of Recognition and photo with the Board of County Commissioners (BCC) Afterward she invited all staff members who participated in this effort to step up for a group photograph

Chairman Zalak voiced the Boards appreciation to staff that helped coordinate the event and kept the focus on our veterans

Parks amp RecreationProclamations - (1B) - The Board presented the Proclamation designating the month of July 2014 as Parks and Recreation Month to Parks and Recreation Director Gina Peebles

Ms Peebles thanked the Board for the Proclamation noting athletes from soccer and baseball was present She advised that really good news stories were happening in regard to some of the Sportsplexs 4 teams at Shocker Park and 2 teams at the Belleview Sportsplex were playing for State titles Also the Rotary Sportsplex would host the Cal Ripken World Series next month

ProclamationsPublic HealthlWater - (1C) - The Board presented the Proclamation designating the month of July 2014 as Water Safety Awareness Month to Angelia Dietrich

Program Administrator Angelia Dietrich Florida Department of Children and Families (DCF) Wildwood noted that over the last 2 years Marion County had 2 children who had died as a result of drowning Hundreds of other reports were received in regard to near drowning As a community everyone needed to be very aware whenever small children were around any body of water

It was noted that DCF Marion County Safe Kids Coalition Marion County Health Department Marion County Fire Rescue (MCFR) and the Boys amp Girls Club of Marion County would be engaging communities throughout Marion County to help educate families about water safety

Budgets - (2A1) - Domenic Ferrelli Chestnut Drive Silver Springs Shores commented on the budget and the sales tax proposals He stated he would not mind the tax increases so much if it provided a better community Mr Ferrelli commented on a

Page 602 Book T

July 1 2014

recent newspaper article in regard to violence noting he shared the same concerns in his neighborhood He stated more accountability of managers was needed for taxpayer money being spent The focus should be on bringing more business growth to the community to provide better jobs as the unemployment rate was too high

SchoolsSher(ff - (2A2) - Carolyn Torrey SE 14th Avenue advised that she was present to address a complaint she made in regard to misuse of public funds by Marion County Public Schools The concerns were delivered to the Marion County Sheriffs Office (MCSO) but they would not investigate The Auditor General had already investigated the misuse of funds and provided findings She advised that the job of the Sheriffs Office was to prosecute Ms Torrey opined that the corruption needed to stop She presented an 18 page handout regarding her complaint and inquired if the Board would consider submitting the information to an outside County for investigation and prosecution if Sheriff Blair would not perform his job

County Attorney Matthew G Minter advised that Ms Torrey was speaking about an issue of separation of powers noting the BCC andmiddot Sheriff were 2 separate constitutional entities The BCC had no superintendence over the School Board and was not designated by law to supervise or investigate tl1e School Board The BCC could not tell the Sheriff how to conduct his investigations

Ms Torrey opined that the Attorney Generals Opinion (AGO) was different Mr Minter stated that he was willing to look at the information Ms Torrey noted that she had been involved with State Departments who advised that prosecution needed to occur by prosecutors from the local area She stated if the County was unable to do that she would request a response in writing for her to submit to the AGO where she would advise that local prosecution could not be done in this area and would ask the AGO to designate another prosecutor out of this area who had no political ties Mr Minter stated the BCC was not the prosecutor or Sheriffs Office Ms Torrey noted the Board funded the MCSO and could withhold funding Mr Minter advised that he would respond to whatever documents were submitted however that would not occur today

Libraries - (2A3) - Henry Munoz Marion Oaks Boulevard commented on Consent Agenda Item 7 A 1 and reminded the Board that Marion Oaks had been promised a library for at least 5 years In response to Chairman Zalak Mr Munoz stated they had a small satellite library but was speaking about a larger library similar to the Liberty Library

Minutes - (3A and B) - A motion was made by Commissioner Bryant seconded by Commissioner Arnett to adopt the meeting minutes of May 22 and June 3 2014 The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Federally-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Performance Grant (EMPG) Award (Contract Number 15-FG-_-05-52-01-109) as requested by Grant Coordinator Ashley Clark MCSO It was noted that the grant award totaled $94261 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs

Book T Page 603

July 1 2014

Emergency Management budget The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4B) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the State-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Preparedness and Assistance (EMPA) Award (Contract Number 15-BG-83-05-52-01-042) as requested by Grant Coordinator Clark MCSO It was noted that the grant award totaled $105806 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs Emergency Management budget The motion was unanimously approved by the Board (5-0)

BudgetsSheriffNehicles - (4C) - The Board considered the request of Sheriff Chris Blair to expend $179566 from the Crime Prevention Fund to purchase five (5) vehicles and related equipment for the newly formed Drug Interdiction Team at MCSO ($43078 would be used to purchase a K-9 vehicle and all necessary equipment and $136488 would be used to purchase the remaining 4 vehicles) It was noted the Fund was established by Sections 775083 163501 - 163523 Florida Statutes (FS) and met Chapter 163 FS guidelines

Chairman Zalak commented on the $179566 from the Crime Prevention Fund and questioned how much of that would be recurring in the next budget cycle Lieutenant Kevin Rowe MCSO advised that about $700000 was currently in that Fund and stated there would be no recurring costs He noted he was told that there would be no recurring costs for vehicles

Commissioner McClain stated that was not true noting vehicles would have to be purchased which would have to be replaced at some point in time He noted that whether or not they went back to this fund to replace the vehicles was a whole other question If something was purchased today that had to be replaced in less than 20 or 30 years then recurring expenses had to be considered The Fund would probably have money in it going forward so it was not a huge issue however it was a recurring expense

Chairman Zalak understood that they could not go back into the fund for the same material Clerk Ellspermann stated there was no precedent of going back to the Crime Prevention Fund to re-fund something once the money was spent for that incident or event unless it was a new program Chairman Zalak noted it became an operating expense at that point Clerk Ellspermann concurred

Chairman Zalak inquired if the officers were new or newly assigned Lieutenant Rowe stated they were newly assigned but could not advise as to what sections they were being taken from at this time however he could get an answer

General discussion ensued In response to Commissioner McClain Clerk Ellspermann stated although this

expenditure was appropriate within that Fund there had never been a recurring nature of any costs so far within that fund Chairman Zalak stated they were not budgeting year after year in this fund as an operating expense but assumed a new one could be purchased Clerk Ellspermann concurred noting $998465 was currently in that Fund prior to the expenditure

Commissioner Arnett inquired if the Deputies currently had cars but would be

Page 604 Book T

July 1 2014

leaving those units to go to other vehicles Lieutenant Rowe speculated that it may be cars being taken out of service due to the high millage however he did not know for sure

Commissioner McClain asked if this matter could be pulled for a couple of weeks to address future recurring costs He noted concern with using one-time money for recurring expenses County Administrator Lee A Niblock advised that in the intervening 2 weeks all budget workshops would have been held noting this would be a good discussion item when the Sheriffs budget was addressed

A motion was made by Commissioner McClain seconded by Commissioner Arnett to table the matter for two weeks The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSchoolsSheriff - (40) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute an Agreement with the School Board of Marion County Florida and Chris Blair as Sheriff of Marion County for the School Resource Officer Program for the period of August 18 2014 through June 3 2015 as submitted by the Marion County Sheriffs Office The motion was unanimously approved by the Board (5-0)

GrantsProjects amp Programs - (4E) - The Board considered the following recommendation from Interim Trial Court Administrator Jonathan Lin regarding award of services from Alcohol Monitoring Systems Inc for SCRAMTM Systems as the fiscal agent

DescriptionBackground On April 15 2014 Court Administration obtained approval from the BOCC to apply for a SCRAMTM Systems Alcohol Monitoring Grant for the Marion County Veterans Treatment Court (VTC) and subsequently applied for this in-kind grant from Alcohol Monitoring Systems Inc On June 4 2014 Court Administration was notified that Marion County had been awarded a grant The grant will provide in-kind to our local Veterans Treatment Court (VTC) with no-cost use of SCRAM Continuous Alcohol MonitoringTM (SCRAM CAMTM) equipment for up to three (3) VTC clients with no-cost daily monitoring for up to ninety (90) days per client for a total of 270 monitoring days This award amounts to $324000 worth of equipment and services The grant must be used in full on or before December 312014 Budget Impact None Recommended Action Request to approve the acceptance of this grant A motion was made by Commissioner McClain seconded by Commissioner

Moore to accept the SCRAMTM Systems Alcohol Monitoring Grant from Alcohol Monitoring Systems Inc The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 19) - Clerk Ellspermann advised that based on the motion just made (Item 4C) he would pull Items 5A 18 and 5A 19 from consideration and would therefore be presenting Items 5A 1 through 5A 17 for approval

Chairman Zalak requested Items 5A4 and 5A6 also be pulled for separate action as he did not support the Neighborhood Stabilization Program (NSP)

Upon motion of Commissioner McClain seconded by Commissioner Bryant the Board adopted the following Budget Amendment Resolutions presented on behalf of Clerk Ellspermann

Book T Page 605

July 1 2014

recent newspaper article in regard to violence noting he shared the same concerns in his neighborhood He stated more accountability of managers was needed for taxpayer money being spent The focus should be on bringing more business growth to the community to provide better jobs as the unemployment rate was too high

SchoolsSher(ff - (2A2) - Carolyn Torrey SE 14th Avenue advised that she was present to address a complaint she made in regard to misuse of public funds by Marion County Public Schools The concerns were delivered to the Marion County Sheriffs Office (MCSO) but they would not investigate The Auditor General had already investigated the misuse of funds and provided findings She advised that the job of the Sheriffs Office was to prosecute Ms Torrey opined that the corruption needed to stop She presented an 18 page handout regarding her complaint and inquired if the Board would consider submitting the information to an outside County for investigation and prosecution if Sheriff Blair would not perform his job

County Attorney Matthew G Minter advised that Ms Torrey was speaking about an issue of separation of powers noting the BCC andmiddot Sheriff were 2 separate constitutional entities The BCC had no superintendence over the School Board and was not designated by law to supervise or investigate tl1e School Board The BCC could not tell the Sheriff how to conduct his investigations

Ms Torrey opined that the Attorney Generals Opinion (AGO) was different Mr Minter stated that he was willing to look at the information Ms Torrey noted that she had been involved with State Departments who advised that prosecution needed to occur by prosecutors from the local area She stated if the County was unable to do that she would request a response in writing for her to submit to the AGO where she would advise that local prosecution could not be done in this area and would ask the AGO to designate another prosecutor out of this area who had no political ties Mr Minter stated the BCC was not the prosecutor or Sheriffs Office Ms Torrey noted the Board funded the MCSO and could withhold funding Mr Minter advised that he would respond to whatever documents were submitted however that would not occur today

Libraries - (2A3) - Henry Munoz Marion Oaks Boulevard commented on Consent Agenda Item 7 A 1 and reminded the Board that Marion Oaks had been promised a library for at least 5 years In response to Chairman Zalak Mr Munoz stated they had a small satellite library but was speaking about a larger library similar to the Liberty Library

Minutes - (3A and B) - A motion was made by Commissioner Bryant seconded by Commissioner Arnett to adopt the meeting minutes of May 22 and June 3 2014 The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4A) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the Federally-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Performance Grant (EMPG) Award (Contract Number 15-FG-_-05-52-01-109) as requested by Grant Coordinator Ashley Clark MCSO It was noted that the grant award totaled $94261 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs

Book T Page 603

July 1 2014

Emergency Management budget The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4B) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the State-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Preparedness and Assistance (EMPA) Award (Contract Number 15-BG-83-05-52-01-042) as requested by Grant Coordinator Clark MCSO It was noted that the grant award totaled $105806 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs Emergency Management budget The motion was unanimously approved by the Board (5-0)

BudgetsSheriffNehicles - (4C) - The Board considered the request of Sheriff Chris Blair to expend $179566 from the Crime Prevention Fund to purchase five (5) vehicles and related equipment for the newly formed Drug Interdiction Team at MCSO ($43078 would be used to purchase a K-9 vehicle and all necessary equipment and $136488 would be used to purchase the remaining 4 vehicles) It was noted the Fund was established by Sections 775083 163501 - 163523 Florida Statutes (FS) and met Chapter 163 FS guidelines

Chairman Zalak commented on the $179566 from the Crime Prevention Fund and questioned how much of that would be recurring in the next budget cycle Lieutenant Kevin Rowe MCSO advised that about $700000 was currently in that Fund and stated there would be no recurring costs He noted he was told that there would be no recurring costs for vehicles

Commissioner McClain stated that was not true noting vehicles would have to be purchased which would have to be replaced at some point in time He noted that whether or not they went back to this fund to replace the vehicles was a whole other question If something was purchased today that had to be replaced in less than 20 or 30 years then recurring expenses had to be considered The Fund would probably have money in it going forward so it was not a huge issue however it was a recurring expense

Chairman Zalak understood that they could not go back into the fund for the same material Clerk Ellspermann stated there was no precedent of going back to the Crime Prevention Fund to re-fund something once the money was spent for that incident or event unless it was a new program Chairman Zalak noted it became an operating expense at that point Clerk Ellspermann concurred

Chairman Zalak inquired if the officers were new or newly assigned Lieutenant Rowe stated they were newly assigned but could not advise as to what sections they were being taken from at this time however he could get an answer

General discussion ensued In response to Commissioner McClain Clerk Ellspermann stated although this

expenditure was appropriate within that Fund there had never been a recurring nature of any costs so far within that fund Chairman Zalak stated they were not budgeting year after year in this fund as an operating expense but assumed a new one could be purchased Clerk Ellspermann concurred noting $998465 was currently in that Fund prior to the expenditure

Commissioner Arnett inquired if the Deputies currently had cars but would be

Page 604 Book T

July 1 2014

leaving those units to go to other vehicles Lieutenant Rowe speculated that it may be cars being taken out of service due to the high millage however he did not know for sure

Commissioner McClain asked if this matter could be pulled for a couple of weeks to address future recurring costs He noted concern with using one-time money for recurring expenses County Administrator Lee A Niblock advised that in the intervening 2 weeks all budget workshops would have been held noting this would be a good discussion item when the Sheriffs budget was addressed

A motion was made by Commissioner McClain seconded by Commissioner Arnett to table the matter for two weeks The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSchoolsSheriff - (40) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute an Agreement with the School Board of Marion County Florida and Chris Blair as Sheriff of Marion County for the School Resource Officer Program for the period of August 18 2014 through June 3 2015 as submitted by the Marion County Sheriffs Office The motion was unanimously approved by the Board (5-0)

GrantsProjects amp Programs - (4E) - The Board considered the following recommendation from Interim Trial Court Administrator Jonathan Lin regarding award of services from Alcohol Monitoring Systems Inc for SCRAMTM Systems as the fiscal agent

DescriptionBackground On April 15 2014 Court Administration obtained approval from the BOCC to apply for a SCRAMTM Systems Alcohol Monitoring Grant for the Marion County Veterans Treatment Court (VTC) and subsequently applied for this in-kind grant from Alcohol Monitoring Systems Inc On June 4 2014 Court Administration was notified that Marion County had been awarded a grant The grant will provide in-kind to our local Veterans Treatment Court (VTC) with no-cost use of SCRAM Continuous Alcohol MonitoringTM (SCRAM CAMTM) equipment for up to three (3) VTC clients with no-cost daily monitoring for up to ninety (90) days per client for a total of 270 monitoring days This award amounts to $324000 worth of equipment and services The grant must be used in full on or before December 312014 Budget Impact None Recommended Action Request to approve the acceptance of this grant A motion was made by Commissioner McClain seconded by Commissioner

Moore to accept the SCRAMTM Systems Alcohol Monitoring Grant from Alcohol Monitoring Systems Inc The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 19) - Clerk Ellspermann advised that based on the motion just made (Item 4C) he would pull Items 5A 18 and 5A 19 from consideration and would therefore be presenting Items 5A 1 through 5A 17 for approval

Chairman Zalak requested Items 5A4 and 5A6 also be pulled for separate action as he did not support the Neighborhood Stabilization Program (NSP)

Upon motion of Commissioner McClain seconded by Commissioner Bryant the Board adopted the following Budget Amendment Resolutions presented on behalf of Clerk Ellspermann

Book T Page 605

July 1 2014

Emergency Management budget The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsGrantsSheriff - (4B) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute the State-Funded Subgrant Agreement with the State of Florida Division of Emergency Management for the 2014-2015 Emergency Management Preparedness and Assistance (EMPA) Award (Contract Number 15-BG-83-05-52-01-042) as requested by Grant Coordinator Clark MCSO It was noted that the grant award totaled $105806 and required a dollar for dollar non-federal match which had been accounted for in the Sheriffs Emergency Management budget The motion was unanimously approved by the Board (5-0)

BudgetsSheriffNehicles - (4C) - The Board considered the request of Sheriff Chris Blair to expend $179566 from the Crime Prevention Fund to purchase five (5) vehicles and related equipment for the newly formed Drug Interdiction Team at MCSO ($43078 would be used to purchase a K-9 vehicle and all necessary equipment and $136488 would be used to purchase the remaining 4 vehicles) It was noted the Fund was established by Sections 775083 163501 - 163523 Florida Statutes (FS) and met Chapter 163 FS guidelines

Chairman Zalak commented on the $179566 from the Crime Prevention Fund and questioned how much of that would be recurring in the next budget cycle Lieutenant Kevin Rowe MCSO advised that about $700000 was currently in that Fund and stated there would be no recurring costs He noted he was told that there would be no recurring costs for vehicles

Commissioner McClain stated that was not true noting vehicles would have to be purchased which would have to be replaced at some point in time He noted that whether or not they went back to this fund to replace the vehicles was a whole other question If something was purchased today that had to be replaced in less than 20 or 30 years then recurring expenses had to be considered The Fund would probably have money in it going forward so it was not a huge issue however it was a recurring expense

Chairman Zalak understood that they could not go back into the fund for the same material Clerk Ellspermann stated there was no precedent of going back to the Crime Prevention Fund to re-fund something once the money was spent for that incident or event unless it was a new program Chairman Zalak noted it became an operating expense at that point Clerk Ellspermann concurred

Chairman Zalak inquired if the officers were new or newly assigned Lieutenant Rowe stated they were newly assigned but could not advise as to what sections they were being taken from at this time however he could get an answer

General discussion ensued In response to Commissioner McClain Clerk Ellspermann stated although this

expenditure was appropriate within that Fund there had never been a recurring nature of any costs so far within that fund Chairman Zalak stated they were not budgeting year after year in this fund as an operating expense but assumed a new one could be purchased Clerk Ellspermann concurred noting $998465 was currently in that Fund prior to the expenditure

Commissioner Arnett inquired if the Deputies currently had cars but would be

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July 1 2014

leaving those units to go to other vehicles Lieutenant Rowe speculated that it may be cars being taken out of service due to the high millage however he did not know for sure

Commissioner McClain asked if this matter could be pulled for a couple of weeks to address future recurring costs He noted concern with using one-time money for recurring expenses County Administrator Lee A Niblock advised that in the intervening 2 weeks all budget workshops would have been held noting this would be a good discussion item when the Sheriffs budget was addressed

A motion was made by Commissioner McClain seconded by Commissioner Arnett to table the matter for two weeks The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSchoolsSheriff - (40) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute an Agreement with the School Board of Marion County Florida and Chris Blair as Sheriff of Marion County for the School Resource Officer Program for the period of August 18 2014 through June 3 2015 as submitted by the Marion County Sheriffs Office The motion was unanimously approved by the Board (5-0)

GrantsProjects amp Programs - (4E) - The Board considered the following recommendation from Interim Trial Court Administrator Jonathan Lin regarding award of services from Alcohol Monitoring Systems Inc for SCRAMTM Systems as the fiscal agent

DescriptionBackground On April 15 2014 Court Administration obtained approval from the BOCC to apply for a SCRAMTM Systems Alcohol Monitoring Grant for the Marion County Veterans Treatment Court (VTC) and subsequently applied for this in-kind grant from Alcohol Monitoring Systems Inc On June 4 2014 Court Administration was notified that Marion County had been awarded a grant The grant will provide in-kind to our local Veterans Treatment Court (VTC) with no-cost use of SCRAM Continuous Alcohol MonitoringTM (SCRAM CAMTM) equipment for up to three (3) VTC clients with no-cost daily monitoring for up to ninety (90) days per client for a total of 270 monitoring days This award amounts to $324000 worth of equipment and services The grant must be used in full on or before December 312014 Budget Impact None Recommended Action Request to approve the acceptance of this grant A motion was made by Commissioner McClain seconded by Commissioner

Moore to accept the SCRAMTM Systems Alcohol Monitoring Grant from Alcohol Monitoring Systems Inc The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 19) - Clerk Ellspermann advised that based on the motion just made (Item 4C) he would pull Items 5A 18 and 5A 19 from consideration and would therefore be presenting Items 5A 1 through 5A 17 for approval

Chairman Zalak requested Items 5A4 and 5A6 also be pulled for separate action as he did not support the Neighborhood Stabilization Program (NSP)

Upon motion of Commissioner McClain seconded by Commissioner Bryant the Board adopted the following Budget Amendment Resolutions presented on behalf of Clerk Ellspermann

Book T Page 605

July 1 2014

leaving those units to go to other vehicles Lieutenant Rowe speculated that it may be cars being taken out of service due to the high millage however he did not know for sure

Commissioner McClain asked if this matter could be pulled for a couple of weeks to address future recurring costs He noted concern with using one-time money for recurring expenses County Administrator Lee A Niblock advised that in the intervening 2 weeks all budget workshops would have been held noting this would be a good discussion item when the Sheriffs budget was addressed

A motion was made by Commissioner McClain seconded by Commissioner Arnett to table the matter for two weeks The motion was unanimously approved by the Board (5-0)

Contracts amp AgreementsSchoolsSheriff - (40) - A motion was made by Commissioner McClain seconded by Commissioner Moore to approve and execute an Agreement with the School Board of Marion County Florida and Chris Blair as Sheriff of Marion County for the School Resource Officer Program for the period of August 18 2014 through June 3 2015 as submitted by the Marion County Sheriffs Office The motion was unanimously approved by the Board (5-0)

GrantsProjects amp Programs - (4E) - The Board considered the following recommendation from Interim Trial Court Administrator Jonathan Lin regarding award of services from Alcohol Monitoring Systems Inc for SCRAMTM Systems as the fiscal agent

DescriptionBackground On April 15 2014 Court Administration obtained approval from the BOCC to apply for a SCRAMTM Systems Alcohol Monitoring Grant for the Marion County Veterans Treatment Court (VTC) and subsequently applied for this in-kind grant from Alcohol Monitoring Systems Inc On June 4 2014 Court Administration was notified that Marion County had been awarded a grant The grant will provide in-kind to our local Veterans Treatment Court (VTC) with no-cost use of SCRAM Continuous Alcohol MonitoringTM (SCRAM CAMTM) equipment for up to three (3) VTC clients with no-cost daily monitoring for up to ninety (90) days per client for a total of 270 monitoring days This award amounts to $324000 worth of equipment and services The grant must be used in full on or before December 312014 Budget Impact None Recommended Action Request to approve the acceptance of this grant A motion was made by Commissioner McClain seconded by Commissioner

Moore to accept the SCRAMTM Systems Alcohol Monitoring Grant from Alcohol Monitoring Systems Inc The motion was unanimously approved by the Board (5-0)

BudgetsResolutions - (5A1 through 19) - Clerk Ellspermann advised that based on the motion just made (Item 4C) he would pull Items 5A 18 and 5A 19 from consideration and would therefore be presenting Items 5A 1 through 5A 17 for approval

Chairman Zalak requested Items 5A4 and 5A6 also be pulled for separate action as he did not support the Neighborhood Stabilization Program (NSP)

Upon motion of Commissioner McClain seconded by Commissioner Bryant the Board adopted the following Budget Amendment Resolutions presented on behalf of Clerk Ellspermann

Book T Page 605

July 1 2014

1 14-R-302 transferring $275 within the General Fund for the Community Services Department

2 14-R-303 transferring $205 within the General Fund for Community ServicesCDBG

3 14-R-304 transferring $437 within the General Fund for the HOME Investment Partnership Program

4 The Budget Amendment Resolution transferring $72 within the General Fund for the Neighborhood Stabilization Program 1 was pulled for individual action

5 14-R-305 transferring $300 within the Local Housing Assistance Trust Fund for the State Housing Initiative Partnership Act

6 The Budget Amendment Resolution transferring $27572 within the General Fund for the Neighborhood Stabilization Program 3 was pulled for individual action

7 14-R-306 transferring $1500 within the General Fund for the MSTUI Assessments Department

8 14-R-307 transferring $47500 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

9 14-R-308 transferring $8185 within the General Fund for the Southeastern Livestock Pavilion

10 14-R-309 transferring $9000 within the Ocala Waterway Estates MSBU for Road Maintenance

11 14-R-310 transferring $255000 within the Law Enforcement Trust Fund for the Law Enforcement MSTU

12 14-R-311 transferring $255000 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

13 14-R-312 transferring $453392 within the Series 2014A Capital Projects Fund for Improvements 2014A

14 14-R-313 transferring $14975 within the General Fund for the Marion County Public Library System

15 14-R-314 transferring $83353 within the General Fund for the Sheriffs Department - Jail

16 14-R-315 transferring $91392 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

17 14-R-316 transferring $5120 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID

18 The Budget Amendment Resolution transferring $179566 within the Fine amp Forfeiture - Crime Prevention Fund for the Law Enforcement MSTU was pulled from consideration as this matter was tabled for 2 weeks

19 The Budget Amendment Resolution transferring $179566 within the MSTU for Law Enforcement for the Sheriffs Department - Patrol amp CID was pulled from consideration as this matter was tabled for 2 weeks

(Ed Note CDBG is the acronym for Community Development Block Grant MSTU is the acronym from Municipal Service Taxing District and CID is the acronym for Criminal Investigation Division)

BudgetsResolutions - (5A4 amp 5A6) - A motion was made by Commissioner Bryant seconded by Commissioner Moore to adopt Resolutions 14-R-317 transferring

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$72 within the General Fund for NSP1 and 14-R-318 transferring $27572 within the General Fund for NSP3 The motion was approved by the Board by a vote of 3-2 with Chairman Zalak and Commissioner McClain voting nay

Upon motion of Commissioner Moore seconded by Commissioner Arnett the Board acted on the Consent Agenda for Library Services item 7A1 IVISTU item 7B1 Procurement Services items 7C1 through 6 Public Safety Communications item 701 Solid Waste item 7E1 and Transportation - County Engineer item 7F1 as follows

Libraries - (7A1) - Accepted the following recommendation from Library Director Julia H Sieg to approve the Marion County Public Library System Strategic Plan 2015-2020

DescriptionBackground The Board of County Commission held a strategic planning workshop May 22 2014 during which a presentation was made regarding the proposed Marion County Public Library System Strategic Plan 2015-2020 Attached is a copy of the proposed Marion County Public Library System Strategic Plan 2015-2020 This proposed plan exists as a result of having conducted several citizen focus group meetings soliciting citizen feedback via surveys soliciting staff input reviewing the current library long range plan as well as other public library plans from across the nation and reviewing current circumstances and trends The existing approved library long range plan expires at the end of the fiscal year 2014 One of the necessitating factors associated with the need for an updated and governing body-approved strategic plan is that this plan is one of the documents required to be submitted to the Florida Department of State Division of Library and Information Services to continue to be eligible for the annual State Aid to Libraries Grant The State Aid to Libraries grant amount fluctuates each year and is slated to be approximately $162000 this fiscal year BudgetImpact None Approval of the plan does not commit the Board of County Commissioners to future expenditures or activities yet does provide a framework for services Approval of the plan enables the Marion County Public Library System to continue to be eligible to receive the State Aid to Libraries grant dollars Recommended Action To approve the attached Marion County Public Library System Strategic Plan 2015-2020

RefundsRoadsSubdivisions (7B1) Accepted the following recommendation from MSTU Director Myra Tedder to amend the assessment roll for Big Sun Industrial Park and authorize Clerks Office to prepare checks to be mailed to the affected property owners

DescriptionBackground The following road assessment project has been completed on time and under budget and a Development Transportation Grant was received for $10000000 from FOOT Therefore the Board of County Commissioners are being requested to amend the assessment rolls so refunds can be forwarded to all affected property owners The improvement area affected is as follows I I PROPOSED PROPOSED

Book T Page 607

July 1 2014

$72 within the General Fund for NSP1 and 14-R-318 transferring $27572 within the General Fund for NSP3 The motion was approved by the Board by a vote of 3-2 with Chairman Zalak and Commissioner McClain voting nay

Upon motion of Commissioner Moore seconded by Commissioner Arnett the Board acted on the Consent Agenda for Library Services item 7A1 IVISTU item 7B1 Procurement Services items 7C1 through 6 Public Safety Communications item 701 Solid Waste item 7E1 and Transportation - County Engineer item 7F1 as follows

Libraries - (7A1) - Accepted the following recommendation from Library Director Julia H Sieg to approve the Marion County Public Library System Strategic Plan 2015-2020

DescriptionBackground The Board of County Commission held a strategic planning workshop May 22 2014 during which a presentation was made regarding the proposed Marion County Public Library System Strategic Plan 2015-2020 Attached is a copy of the proposed Marion County Public Library System Strategic Plan 2015-2020 This proposed plan exists as a result of having conducted several citizen focus group meetings soliciting citizen feedback via surveys soliciting staff input reviewing the current library long range plan as well as other public library plans from across the nation and reviewing current circumstances and trends The existing approved library long range plan expires at the end of the fiscal year 2014 One of the necessitating factors associated with the need for an updated and governing body-approved strategic plan is that this plan is one of the documents required to be submitted to the Florida Department of State Division of Library and Information Services to continue to be eligible for the annual State Aid to Libraries Grant The State Aid to Libraries grant amount fluctuates each year and is slated to be approximately $162000 this fiscal year BudgetImpact None Approval of the plan does not commit the Board of County Commissioners to future expenditures or activities yet does provide a framework for services Approval of the plan enables the Marion County Public Library System to continue to be eligible to receive the State Aid to Libraries grant dollars Recommended Action To approve the attached Marion County Public Library System Strategic Plan 2015-2020

RefundsRoadsSubdivisions (7B1) Accepted the following recommendation from MSTU Director Myra Tedder to amend the assessment roll for Big Sun Industrial Park and authorize Clerks Office to prepare checks to be mailed to the affected property owners

DescriptionBackground The following road assessment project has been completed on time and under budget and a Development Transportation Grant was received for $10000000 from FOOT Therefore the Board of County Commissioners are being requested to amend the assessment rolls so refunds can be forwarded to all affected property owners The improvement area affected is as follows I I PROPOSED PROPOSED

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July 12014

SERIES SUBDIVISION FINAL RATE AMEIJDED RATE

ADJUSTMENTREFUND PER PARCEL

1750000 Big Sun Industrial

Park $662255 $162255 $500000

BudgetImpact $10000000 to be refunded to affected property owners Recommended Action Motion to amend the assessment roll for Big Sun Industrial Park and authorize Clerks Office to prepare checks to be mailed to the affected property owners

PurchasingSolid WasteNehicles - (7C1) - The Board considered the recommendation of Procurement Services Director Susan Olsen to reject the Sole Proposal (14P-092) submitted by Ring Power for the Caterpillar D6N Rebuild (dozer repair) and purchase the equipment for the Solid Waste Department under the Florida Sheriffs Association Contract No 13-11-0904 at a cost not to exceed $299169 It was noted that the dozer would be purchased this fiscal year (FY) and would be available for the extended warranty beginning in FY 1415

Chairman Zalak noted a discussion was had and that he worked t~lrough the caterpillar rebuild and what would be occurring in the future with Solid Waste Director Mike Sims and Fleet Management Director John King The best strategy moving forward was to purchase the new piece of equipment that would last the County through the lifetime but purchase of a new second bulldozer was not necessary He stated both department Directors agreed with the purchase of a new bulldozer and repair the 2nd

one as needed since it was in better shape A motion was made by Commissioner McClain seconded by Commissioner

Moore to reject the Sole Proposal (14P-092) submitted by Ring Power for the Caterpillar D6N Rebuild (dozer repair) and autll0rize purchase of this equipment under the Florida Sheriffs Association Contract No 13-11-0904 The motion was unanimously approved by the Board (5-0)

Contract amp AgreementsNehicies - (7C2) - Accepted the recommendation of Procurement Services Director Olsen on behalf of the Fleet Management Department to approve and execute the Third Amendment to the Agreement upon approval by Legal with Michael Lessard Inc doing business as (dba) CampM Towing (Contractor) for towing services on an as needed basis with an estimated annual expenditure of less than $50000 pursuant to Request for Proposals (RFP) No 11 P-126

Judicial CenterPurchasing - (7C3) - Accepted the recommendation from Procurement Services Director Olsen on behalf of the Facilities Management Department to standardize the X-ray scan and detection machines located at the Marion County Judicial Center to Hi-Scan 6050ds with Smiths Detection not to exceed annual budgeted amounts pursuant to Standardization No 14ST-123 It was noted that future purchases over $50000 would be brought back for Board approval

Contracts amp AgreementsSolid Waste - (7C4) - Accepted the recommendation from Procurement Services Director Olsen to approve and execute the First Amendment to the Agreement upon approval by Legal with Global Tire Recycling of Sumter County Inc for whole waste tire collection and disposal with an expenditure

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July 1 2014

amount of $85175 however the departments actual expense may fluctuate due to the unknown demand for this service pursuant to Bid No 11 B-148

Contracts amp AgreementsRoads - (7C5) - Accepted the recommendation from Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement with John L Finch Contracting Corp (Contractor) for the West Highway 328 (from SR 40 to US Highway 41) project not to exceed $12925886 (up to a 10 contingency may be added to the Purchase Order) pursuant to Request for Qualifications (RFQ) No 13Q-019

Contracts amp AgreementsRoads - (7C6) - Accepted the recommendation from Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement with AampA Trucking amp Excavating (Contractor) for demolition and debris removal associated with the SE 92nd Loop project at a cost not to exceed $60515 (up to a 10 contingency may be added to the Purchase Order) pursuant to Request for Qualifications (RFQ) No 11 Q-140

CommunicationsContracts amp AgreementsMunicipalities - (701) - Accepted the following recommendation from Public Safety Communications Director Karl Oltz to approve and execute the Interlocal Agreement with the City of Ocala on behalf of the Ocala Police Department (OPD) and Marion County on behalf of the Marion County Public Safety Communications (MCPSC) relating to CAD to CAD interface and the sharing of confidential information and the implementation of same

DescriptionBackground This agreement is between the City of Ocala and Marion County Public Safety Communications This agreement will allow for a connection between the City of Ocala CIS CAD and the County TriTech CAD This connection will improve the efficiency and operation between the two communications centers BudgetImpact None Recommended Action Motion to approve Interlocal Agreement between City of Ocala and Marion County and authorize the Chair and Clerk to execute the same

Contracts amp AgreementsLandfillsSolid Waste - (7E1) - The Board considered the following recommendation from Solid Waste Director Mike Sims in regard to the Amendment to the License Agreement with Waste Pro of Florida Inc for use of the transfer station at the Baseline Solid Waste Facility

DescriptionBackground Waste Pro of Florida Inc a Florida Profit Corporation entered into a License Agreement with Marion County on March 19 2014 to utilize a portion of the Baseline Solid Waste Facility Transfer Station for use as a single stream recycling transfer station operation The License Agreement expires on June 30 2014 and Waste Pro desires to extend the Agreement on a month by month basis for approximately an additional four (4) months or until the completion of the Materials Recovery Facility To exercise the right of extension Waste Pro provided written notice to Solid Waste on May 28 2014 requesting the Board approve an extension of the lease on a month to month basis Additionally Waste Pro provided documentation of performance on construction as related to their proposed Material Recovery

Book T Page 609

July 12014

Facility as outlined in the current Lease Agreement under Section 2 Term and Payment Site work construction is underway now with building construction to start accordingly Waste Pro shall be solely responsible for all provisions of the original agreement and agreed with the additional $100 rate increase per month for each additional month for the use of the transfer station BudgetImpact Revenue Generating Waste Pro agrees to continue the rate schedule as outlined in Exhibit A with a $100 increase each month Recommended Action Motion to approve the Amendment to the License Agreement between Marion County Board of County Commissioners and Waste Pro of Florida Inc on a month by month basis Chairman Zalak noted two License Agreements were presented and the Clerks

Office needed verification Clerk Ellspermann asked that this item be pulled for discussion and clarification as there was a request to ask either the Chairman or the County Administrator to execute the contract

Chairman Zalak advised that he was amenable to authorizing the County Administrator to sign the License Agreement

Solid Waste Director Mike Sims advised that staff made an error in submitting both License Agreements noting the Lease was originally signed by the County Administrator and he would be the appropriate person to execute the document He noted staff needed Board approval as to the extension (month to month)

Commissioner McClain inquired if 4 months would meet the required window and suggested it be extended through the end of the year Mr Niblock stated that would be fine noting he signed the original Lease He advised that the Inventory Recovery Facility was contemplated to be completed within 5 to 6 months Mr Niblock stated he would ensure that a Notation for Record item appeared on the Agenda when the facility was opened for the permanent record Chairman Zalak noted the facility was under construction at this point and was moving forward He opined that running it through the end of the year would be appropriate Mr Niblock advised that it would include the cost escalator of $100 per month

A motion was made by Commissioner McClain seconded by Commissioner Arnett to approve and authorize the County Administrator to execute the License Agreement with Waste Pro of Florida Inc through the end of the year The motion was unanimously approved by the Board (5-0)

Projects amp ProgramsRoads - (7F1) - Accepted the following recommendation from Assistant County Administrator of Public Works and Growth Services Mounir Bouyounes on behalf of the Office of County Engineer to approve the relocation benefit claim by Viola Shoemaker associated with SE 92nd Loop project and authorize staff to proceed with payment

DescriptionBackground This is a request to approve a scheduled move cost claim associated with the SE 92nd Loop Road Project The acquisition of the property occurred on April 1 2014 and the property owner has chosen a replacement site and is ready to make claims on her relocation benefits Her eligibility of relocation benefits are part of the 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 claim is calculated by a schedule of move costs in accordance with FOOT

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July 1 2014

regulations based on a flat rate per room within the residence along with any other personal property located within storage sheds barns and lor other structures on the property Additionally there are 3 inoperable vehicles and other miscellaneous items that has been collected over the years The calculated move cost is $5450 The project file contains an inventory and pictures to document the personal property required to be moved Also the remaining claim of $180 will reimburse the eligible closing costs for their replacement site Budget Impact Transportation Capital Projects - 309-1279-561610 - $5630 Recommended Action Motion to approve the attached move cost claim package and authorize staff to proceed with payment

DeedsTax Collector - (Walk-On) - County Attorney Matthew G Minter presented the following memorandum from Tax Collector George Albright in regard to Tax Deed Sale No 286514 relating to Parcel No 03481-000-00

The above-referenced Tax Deed was set aside for failure to notify a necessary party The successful bidder has executed a quit claim deed to Marion County and has been refunded her money by our office The ownertaxpayer David A Palencia paid all delinquent taxes arising out of the tax deed proceeding Marion County may now execute a Deed to David A Palencia conveying the parcel back to him in order to complete this transaction Mr Minter noted the Walk-On Item was requested by counsel for the Tax

Collector and involved a tax deed sale He stated since the property owner paid all taxes the property should be given back prior to hurricane season where he could take care of issues

A motion was made by Commissioner Bryant seconded by Commissioner McClain to consider the Walk-On Item The motion was unanimously approved by the Board (5-0)

Chairman Zalak opened the floor for public comment There being none Chairman Zalak advised that the public comment portion was

now closed A motion was made by Commissioner Bryant seconded by Commissioner

McClain to approve and execute the Deed to David A Palencia The motion was unanimously approved by the Board (5-0)

BudgetsProjects amp Programs - (Update) - Mr Minter referred to an email that he sent to each Commissioner in regard to a letter dated June 19 2014 that was received from the General Counsel for the Department of Juvenile Justice (OJJ) The Board was aware that Marion County along with all other counties within the State had overpaid DJJ by over tens of millions of dollars statewide Marion County was one of the fortunate ones that had gotten out of that system however OJJ still owed the county more than $600000 To date the State had been balking at repaying Marion County

Mr Minter noted the correspondence was a letter of denial of the refund from DJJ as they interpreted the Statute differently than the County Marion County had 30 days from the date of the letter to file a lawsuit against them to seek a ruling against DJJ He recalled that a case previously went to the Appellate Court that determined DJJ did not properly interpret the Statute which was why the refund was owed Mr Minter stated he would bring this matter along with a recommendation at the next meeting to

Book T Page 611

July 1 2014

seek direction in regard to moving forward with litigation He noted his recommendation would be together with other counties in the same situation

Chairman Zalak noted the Florida Association of Counties (FAC) was going through the same thing Mr Minter advised that Marion County was a little different because it was no longer in the system noting other counties may be entitled to a credit however Marion was looking for an actual cash refund

Commissioner McClain questioned the number of counties not in the system Commissioner Bryant advised that only 3 counties opted out Marion Polk and Seminole

Commissioner McClain requested Mr Minter to also look at the possibility or reason for Marion County to be enjoined into the lawsuit filed by FAC to make sure the County had a seat at that table noting the cost had already been spelled out Mr Minter noted they had the Rule challenge case going forward Commissioner McClain commented on the length of time to pay the money back Mr Minter opined that there was no need for the County to be involved in the FAC case but he would double-check and report back Commissioner Bryant opined there would be no benefit based on the calls she had received

Communications - County Administrator Niblock presented the July 2014 issue of the County Connection noting it was now available online He encouraged those who were not receiving the newsletter to contact the Public Information Office (PIO)

Public Information Manager Barbra Hernandez gave a brief overview of the newsletter and advised that those wishing to receive the County Connection could sign up on the County website at wwwmarioncountyflorg sign up lists in the lobby or by contacting the Public Information Office at PIOmarioncountyflorg

Advisory Committees - (1 OA) - Clerk Ellspermann advised that the applicant for the Code Enforcement Board received the appropriate votes

A motion was made by Commissioner Bryant seconded by Commissioner Moore to appoint Richard Jensen to serve as a member on the Code Enforcement Board for an unexpired term ending in July of 2015 The motion was unanimously approved by the Board (5-0)

Districts - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Arnett to schedule a closed executive session on Monday July 14 2014 at 11 00 am to discuss Union negotiations The motion was unanimously approved by the Board (5-0)

Commissioners - (12A1) - Commissioner Arnett advised that he had no additional comments today

Commissioners - (12A2) - Commissioner McClain advised that he too had no additional comments today

Commissioners - (12A3) - Commissioner Moore advised that he also had no additional comments today but did have a question regarding the upcoming Walk-On Item that he would address at that time

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July 1 2014

regulations based on a flat rate per room within the residence along with any other personal property located within storage sheds barns and lor other structures on the property Additionally there are 3 inoperable vehicles and other miscellaneous items that has been collected over the years The calculated move cost is $5450 The project file contains an inventory and pictures to document the personal property required to be moved Also the remaining claim of $180 will reimburse the eligible closing costs for their replacement site Budget Impact Transportation Capital Projects - 309-1279-561610 - $5630 Recommended Action Motion to approve the attached move cost claim package and authorize staff to proceed with payment

DeedsTax Collector - (Walk-On) - County Attorney Matthew G Minter presented the following memorandum from Tax Collector George Albright in regard to Tax Deed Sale No 286514 relating to Parcel No 03481-000-00

The above-referenced Tax Deed was set aside for failure to notify a necessary party The successful bidder has executed a quit claim deed to Marion County and has been refunded her money by our office The ownertaxpayer David A Palencia paid all delinquent taxes arising out of the tax deed proceeding Marion County may now execute a Deed to David A Palencia conveying the parcel back to him in order to complete this transaction Mr Minter noted the Walk-On Item was requested by counsel for the Tax

Collector and involved a tax deed sale He stated since the property owner paid all taxes the property should be given back prior to hurricane season where he could take care of issues

A motion was made by Commissioner Bryant seconded by Commissioner McClain to consider the Walk-On Item The motion was unanimously approved by the Board (5-0)

Chairman Zalak opened the floor for public comment There being none Chairman Zalak advised that the public comment portion was

now closed A motion was made by Commissioner Bryant seconded by Commissioner

McClain to approve and execute the Deed to David A Palencia The motion was unanimously approved by the Board (5-0)

BudgetsProjects amp Programs - (Update) - Mr Minter referred to an email that he sent to each Commissioner in regard to a letter dated June 19 2014 that was received from the General Counsel for the Department of Juvenile Justice (OJJ) The Board was aware that Marion County along with all other counties within the State had overpaid DJJ by over tens of millions of dollars statewide Marion County was one of the fortunate ones that had gotten out of that system however OJJ still owed the county more than $600000 To date the State had been balking at repaying Marion County

Mr Minter noted the correspondence was a letter of denial of the refund from DJJ as they interpreted the Statute differently than the County Marion County had 30 days from the date of the letter to file a lawsuit against them to seek a ruling against DJJ He recalled that a case previously went to the Appellate Court that determined DJJ did not properly interpret the Statute which was why the refund was owed Mr Minter stated he would bring this matter along with a recommendation at the next meeting to

Book T Page 611

July 1 2014

seek direction in regard to moving forward with litigation He noted his recommendation would be together with other counties in the same situation

Chairman Zalak noted the Florida Association of Counties (FAC) was going through the same thing Mr Minter advised that Marion County was a little different because it was no longer in the system noting other counties may be entitled to a credit however Marion was looking for an actual cash refund

Commissioner McClain questioned the number of counties not in the system Commissioner Bryant advised that only 3 counties opted out Marion Polk and Seminole

Commissioner McClain requested Mr Minter to also look at the possibility or reason for Marion County to be enjoined into the lawsuit filed by FAC to make sure the County had a seat at that table noting the cost had already been spelled out Mr Minter noted they had the Rule challenge case going forward Commissioner McClain commented on the length of time to pay the money back Mr Minter opined that there was no need for the County to be involved in the FAC case but he would double-check and report back Commissioner Bryant opined there would be no benefit based on the calls she had received

Communications - County Administrator Niblock presented the July 2014 issue of the County Connection noting it was now available online He encouraged those who were not receiving the newsletter to contact the Public Information Office (PIO)

Public Information Manager Barbra Hernandez gave a brief overview of the newsletter and advised that those wishing to receive the County Connection could sign up on the County website at wwwmarioncountyflorg sign up lists in the lobby or by contacting the Public Information Office at PIOmarioncountyflorg

Advisory Committees - (1 OA) - Clerk Ellspermann advised that the applicant for the Code Enforcement Board received the appropriate votes

A motion was made by Commissioner Bryant seconded by Commissioner Moore to appoint Richard Jensen to serve as a member on the Code Enforcement Board for an unexpired term ending in July of 2015 The motion was unanimously approved by the Board (5-0)

Districts - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Arnett to schedule a closed executive session on Monday July 14 2014 at 11 00 am to discuss Union negotiations The motion was unanimously approved by the Board (5-0)

Commissioners - (12A1) - Commissioner Arnett advised that he had no additional comments today

Commissioners - (12A2) - Commissioner McClain advised that he too had no additional comments today

Commissioners - (12A3) - Commissioner Moore advised that he also had no additional comments today but did have a question regarding the upcoming Walk-On Item that he would address at that time

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July 1 2014

seek direction in regard to moving forward with litigation He noted his recommendation would be together with other counties in the same situation

Chairman Zalak noted the Florida Association of Counties (FAC) was going through the same thing Mr Minter advised that Marion County was a little different because it was no longer in the system noting other counties may be entitled to a credit however Marion was looking for an actual cash refund

Commissioner McClain questioned the number of counties not in the system Commissioner Bryant advised that only 3 counties opted out Marion Polk and Seminole

Commissioner McClain requested Mr Minter to also look at the possibility or reason for Marion County to be enjoined into the lawsuit filed by FAC to make sure the County had a seat at that table noting the cost had already been spelled out Mr Minter noted they had the Rule challenge case going forward Commissioner McClain commented on the length of time to pay the money back Mr Minter opined that there was no need for the County to be involved in the FAC case but he would double-check and report back Commissioner Bryant opined there would be no benefit based on the calls she had received

Communications - County Administrator Niblock presented the July 2014 issue of the County Connection noting it was now available online He encouraged those who were not receiving the newsletter to contact the Public Information Office (PIO)

Public Information Manager Barbra Hernandez gave a brief overview of the newsletter and advised that those wishing to receive the County Connection could sign up on the County website at wwwmarioncountyflorg sign up lists in the lobby or by contacting the Public Information Office at PIOmarioncountyflorg

Advisory Committees - (1 OA) - Clerk Ellspermann advised that the applicant for the Code Enforcement Board received the appropriate votes

A motion was made by Commissioner Bryant seconded by Commissioner Moore to appoint Richard Jensen to serve as a member on the Code Enforcement Board for an unexpired term ending in July of 2015 The motion was unanimously approved by the Board (5-0)

Districts - (11A) - A motion was made by Commissioner McClain seconded by Commissioner Arnett to schedule a closed executive session on Monday July 14 2014 at 11 00 am to discuss Union negotiations The motion was unanimously approved by the Board (5-0)

Commissioners - (12A1) - Commissioner Arnett advised that he had no additional comments today

Commissioners - (12A2) - Commissioner McClain advised that he too had no additional comments today

Commissioners - (12A3) - Commissioner Moore advised that he also had no additional comments today but did have a question regarding the upcoming Walk-On Item that he would address at that time

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July 1 2014

Commissioners - (Walk-On) - Commissioner Bryant presented the following recommendation in regard to the 2014 Annual National Association of Counties (NACo) Conference to be held in New Orleans Louisiana (LA)

DescriptionBackground The NaCo 2014 Annual Conference amp Expo will be held in Orleans Parish New Orleans LA from July 11 throWgh July 14 Commissioner Bryant will represent the Florida Association ofCounties at the conference Budget Impact Registration is $54000 per person Hotel rooms are available at a cost of $26900 per night for three nights (approximately $80000) Air fare will be approximately $60000 Funds are available in Line Item Budget for Travel and for Registration Recommended Action Motion to approve travel outside of Marion County for Commissioner Bryant to attend the NaCo 2014 Annual Conference amp Expo in Orleans Parish New Orleans LA and reimbursement of expenses to Commissioner Bryant Commissioner Bryant advised that she had the Walk-On Item prepared to see

what level of support the Board wanted to give the FAC outgoing President who was running for Second Vice-President with NACo

In response to Chairman Zalak Commissioner Moore advised that his question was answered Chairman Zalak stated Commissioner Bryant was going to support the candidate Commissioner Bryant noted this was the first time a Commissioner from the State of Florida that would be President of NACo which was a good thing for Marion County

A motion was made by Commissioner Moore seconded by Commissioner McClain to consider the Walk-On Item

Chairman Zalak opened the floor for public comment There being none Chairman Zalak advised that the public comment portion was

now closed Chairman Zalak advised that Commissioner Bryant would attend as the Boards

liaison and Executive Board Director of FAC to support the Florida candidate Commissioner Arnett inquired if FAC was supporting the trip Commissioner

Bryant advised that when she was President of the Association then they would participate but not as 2nd Vice-President

The motion was unanimously approved by the Board (5-0) A motion was made by Commissioner McClain seconded by Commissioner

Moore to approve out of County travel and reimbursement of expenses for Commissioner Bryant to attend the NACo 2014 Annual Conference amp Exposition in Orleans Parish New Orleans Louisiana from Friday July 11 2014 through Monday July 14 2014 The motion was unanimously approved by the Board (5-0)

Chairman Zalak thanked Commissioner Bryant for continuing to serve

Commissioners - (12B) - The Chairman acknowledged receipt of the Commission Calendar covering the period of May 22 through June 17 2014

Utilities - (12C1) - Bryan Demkowicz SW 62 nd Avenue commented on previous Board action in regard to the Windstream Utility noting he spoke against the matter in opposition to encroaching development He advised that immediately after the acquisition Winding Oaks Farm was put up for sale and inquired if it was a coincidence Chairman Zalak stated it had nothing to do with any action taken by the Board

Book T Page 613

July 1 2014

Commissioner McClain noted before the property could be developed water and sewer would have to be installed Chairman Zalak questioned how a private owner could be stopped from selling their horse farm noting government should never be involved in private sector transactions

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Not9tion for Record correspondence items A and B from County Administrator Niblock and items C through 0 from Clerk Ellspermann

County Administrator A County Administrator Informational Items

1 Present Solid Waste Monthly Operation Report for May 2014 2 Present letter from Florida Department of Economic Opportunity in

reference to Marion Countys adopted Comprehensive Plan Amendments

B General Informational Items 1 Marion County Health Department - For the latest edition of

Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Alcalde amp Fay Federal Legislative Update - June 162014 3 Present the approved proposed budget for Village Community

Development District No4 for fiscal year 20142015 submitted in accordance with Chapter 190008(2)(b)(c) Florida Statutes

4 Present the proposed budgets for the Village Center Community Development District for fiscal year 20142015 submitted in accordance with Chapter 190008(2)(b)(c) Florida Statutes

C Clerk Ellspermann 1 Present regular report of utilization for Reserve for Contingencies 2 Present the Acquisition or Disposition of Property Forms

authorizing changes in status as follows 224720 31252 31253A 354403721842556 4255742599 43942439434394543947 43949 43950 4395144962 and 44963

3 Well Florida Council - agency funding request (not funded in current or proposed budget)

D Present for information and record minutes and notices received from the following committees and agencies 1 Southwest Florida Water Management District (SWFWMD) - for

minutes and agendas visit the website at httpwww WaterMattersorg

2 St Johns River Water Management District (SJRWMD) - for minutes and agendas visit the website at httpwwwfloridaswatercom

3 Transportation Planning Organization (TPO) - for minutes and agendas visit the website at httpwwwocalaflorgtpo

4 With lacoochee Regional Water Supply Authority (WRWSA) - for minutes and agendas visit the website at httpwwwwrwsaorg

5 Code Enforcement Board - May 14 2014 6 Land Development Regulation Commission (LDRC) - May 28

2014

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July 1 2014

Commissioner McClain noted before the property could be developed water and sewer would have to be installed Chairman Zalak questioned how a private owner could be stopped from selling their horse farm noting government should never be involved in private sector transactions

Communications - (13) - For information and record the Chairman acknowledged receipt of the following Not9tion for Record correspondence items A and B from County Administrator Niblock and items C through 0 from Clerk Ellspermann

County Administrator A County Administrator Informational Items

1 Present Solid Waste Monthly Operation Report for May 2014 2 Present letter from Florida Department of Economic Opportunity in

reference to Marion Countys adopted Comprehensive Plan Amendments

B General Informational Items 1 Marion County Health Department - For the latest edition of

Marion Scripts visit the website at httpwwwdohstatefluschdMarionservicesnewslettershtml

2 Alcalde amp Fay Federal Legislative Update - June 162014 3 Present the approved proposed budget for Village Community

Development District No4 for fiscal year 20142015 submitted in accordance with Chapter 190008(2)(b)(c) Florida Statutes

4 Present the proposed budgets for the Village Center Community Development District for fiscal year 20142015 submitted in accordance with Chapter 190008(2)(b)(c) Florida Statutes

C Clerk Ellspermann 1 Present regular report of utilization for Reserve for Contingencies 2 Present the Acquisition or Disposition of Property Forms

authorizing changes in status as follows 224720 31252 31253A 354403721842556 4255742599 43942439434394543947 43949 43950 4395144962 and 44963

3 Well Florida Council - agency funding request (not funded in current or proposed budget)

D Present for information and record minutes and notices received from the following committees and agencies 1 Southwest Florida Water Management District (SWFWMD) - for

minutes and agendas visit the website at httpwww WaterMattersorg

2 St Johns River Water Management District (SJRWMD) - for minutes and agendas visit the website at httpwwwfloridaswatercom

3 Transportation Planning Organization (TPO) - for minutes and agendas visit the website at httpwwwocalaflorgtpo

4 With lacoochee Regional Water Supply Authority (WRWSA) - for minutes and agendas visit the website at httpwwwwrwsaorg

5 Code Enforcement Board - May 14 2014 6 Land Development Regulation Commission (LDRC) - May 28

2014

Page 614 Book T

July 1 2014

7 License Review Board (LRB) -AprilS and May 13 2014 S Marion County Historical Commission - May 5 2014 9 Marion County Hospital District Board of Trustees (MCHD) - May

19 2014 10 Silver Springs Shores Special Tax District Advisory Council shy

January 9 and March 13 2014 11 Tourist Development Council (TDC) - May S 2014

There being no further business to come before the Board the meeting thereupon adjourned at 1006 am

Carl Zalak III Chairman

Attest

David R Ellspe ann Clerk

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