Board of County Commissioners

Marion County Board of County Commissioners Action Summary McPherson Governmental Campus 601 SE 25th Ave. Ocala, FL 34471 Phone: 352-438-2323 Fax: 352-438-2324 9:00 AMMcPherson Governmental Campus Auditorium Tuesday, June 1, 2021 The Marion County Board of County Commissioners welcomes you to its regularly scheduled meeting held the first and third Tuesday of each month at 9 a.m. unless otherwise noted. The zoning portion of the meeting is held on the third Tuesday of each month at 2 p.m. All commission and zoning meetings are open to the public. -Pre-screening will be conducted upon entering the administrative building, located at 601 SE 25th Ave., Ocala, FL 34471. -As a courtesy to others, silence your cell phones and other electronic devices before entering the auditorium. If you need to take a call, please step outside. PUBLIC COMMENT To encourage participation, ensure equal access to all participants and foster mutual respect, please follow these guidelines. -If you wish to address the commission regarding any of the items on the agenda you may do so when the Chairman opens the floor for Public Comment. -Public Comments will be limited to two (2) minutes per speaker, unless you signed up beforehand, in which you will be allowed five (5) minutes. Agenda items are posted on Marion County’s website, https://www.marionfl.org, before each board meeting. Click the “Agendas & Videos” link on the homepage to download the agenda packet and back-up documentation. Anyone requiring accommodations due to a disability or physical impairment should contact Marion County Administration at 352-438-2300 at least two days before a meeting. The Marion County Clerk of Court keeps the official minutes and audio recordings of commission meetings, workshops and public hearings. To request a copy of these materials, contact the Clerk’s Office at 352-671-5622. Marion County streams video for most board meetings, workshops and public hearings (when applicable) live online through the county’s website. These recordings are archived online after meetings, but DVDs can be requested by contacting Marion County Administration at 352-438-2300. Page 1 of 14 Board of County Commissioners Action Summary June 1, 2021 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE 9:00 AM ROLL CALL ANNOUNCEMENTS Tuesday, June 1, 2021 - 10:00 a.m. - Public Hearing for the Creation of Heather Island Market Center Municipal Service Benefit Unit (MSBU) - 2:00 p.m. - Regularly Scheduled Commission Meeting for Reasonable Accommodations and DRC Waivers - 2:00 p.m. or as soon thereafter as possible - Public Hearing for Bluefields Road Improvement Monday, June 7, 2021 - 2:00 p.m. - Commission Workshop for an Update of the SW/NW 80th/70th Avenue Preliminary Engineering Report (PER) Tuesday, June 15, 2021 - 9:00 a.m. - Regularly Scheduled Commission Meeting - 10:00 a.m. - Public Hearing to Consider the Petition to Establish the Ocala Preserve Community Development District - 10:00 a.m. or as soon thereafter as possible - Public Hearing to Consider an Ordinance Authorizing the Creation of Marion County Local Provider Participation Fund Specifying the Method of Setting and Computing Annual Non-Ad Valorem Special Assessments to Help Offset Local Hospitals' Medicaid Deficiencies - 1:50 p.m. - Commission Meeting to Convene a Meeting of the Marion County Community Redevelopment Area Board - 2:00 p.m. - Regularly Scheduled Commission Zoning Meeting Commissioner Kathy Bryant, Chairman Jeff Gold, Commissioner Michelle Stone, and Commissioner Craig Curry Present: Vice Chair Carl Zalak IIIAbsent: 1. PROCLAMATIONS AND PRESENTATIONS: Motion by Commissioner Bryant, second by Commissioner Stone, to approve items 1.1. - 1.3. The motion carried by the following vote: 4Aye: 0Nay: 1Absent: Page 2 of 14 Board of County Commissioners Action Summary June 1, 2021 1.1. PRESENTATION - Update on COVID-19 - Mark Lander, Administrator, Florida Department of Health in Marion County (Presentation Only) PRESENTED PRESENTED update on Basin Management Action Plan (BMAP) and Onsite Sewer Treatment and Disposal Systems (OSTDS) Mr. Lander will provide a more detailed brief to each Commissioner 1.2. PRESENTATION - Fiscal Year 2019-2020 Comprehensive Annual Financial Report (CAFR) by the External Auditors - Clerk of the Court (Presentation Only) PRESENTED 1.3. PROCLAMATION - Eagle Scout Court of Honor Sean Dugan (Ratification Only) 2. AGENDA ITEM PUBLIC COMMENT: Reserved for comments related to items specifically listed on this agenda. Scheduled requests will be heard first and limited to five (5) minutes. Unscheduled requests will be limited to two (2) minutes. Citizens may contact Marion County Administration by 5:00 p.m. the Friday before the meeting at 352-438-2300 to request to speak or submit the request online at: www.marionfl.org. Roger Knechtel - 11.1. 3. ADOPT THE FOLLOWING MINUTES: (1 set) 3.1. April 20, 2021 Motion by Commissioner Bryant, second by Commissioner Stone, to approve this agenda item. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 4. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES: 4.1. Billy Woods, Sheriff - Request to Approve CARES Act Funding Cost Reimbursement for Jail Overtime for April 2021 Motion by Commissioner Stone, second by Commissioner Curry, to approve this agenda item. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 Page 3 of 14 Board of County Commissioners Action Summary June 1, 2021 5. CLERK OF THE CIRCUIT COURT: 5.1. Budget Amendment Motion by Commissioner Stone, second by Commissioner Curry, to approve items 5.1.1. - 5.1.11. with the exception of 5.1.9. The motion carried by the following vote: 4Aye: 0Nay: 1Absent: 5.1.1. Fire Rescue and EMS Fund - Fire Rescue Services - $721,729 5.1.2. General Fund - Emergency Medical Services - $1,500 5.1.3. General Fund - Emergency Medical Services - $13,283 5.1.4. General Fund - Property Appraiser - $62,524 5.1.5. General Fund - Marion Soil Conservation District - $23,859 5.1.6. Infrastructure Surtax Capital Projects - Infrastructure Tax Fire - $24,475 5.1.7. Insurance Fund - Employee Wellness Program - $2,205 5.1.8. Marion County Airport Fund - Marion County Airport - $1,500,000 5.1.9. Marion County Utility Fund - Utilities Capital Construction - $6,850,000 PULLED for consideration with item 7.8.8. 5.1.10. NW 17th Avenue Northwoods MSBU for Road Maintenance - NW 17th Avenue Northwoods Road Maintenance - $4,000 5.1.11. Solid Waste Disposal Fund - Solid Waste Disposal - $286,395 5.2. Project Adjustment Motion by Commissioner Stone, second by Commissioner Bryant, to approve items 5.2.1. - 5.2.3. The motion carried by the following vote: 4Aye: 0Nay: 1Absent: 5.2.1. Transfer Project Funds and Amend the Capital Improvement Plan (CIP) - Solid Waste Disposal Fund - $494,444 Page 4 of 14 Board of County Commissioners Action Summary June 1, 2021 5.2.2. Transfer Project Funds and Amend the Capital Improvement Plan (CIP) - Marion County Utility Fund - $125,000 5.2.3. Transfer Project Funds and Amend the Capital Improvement Program (CIP) - Marion County Utility Fund - $155,859 6. PUBLIC HEARINGS (Request Proof of Publication) at 10:00 am: Public participation is encouraged. When prompted, please step up to the podium and state your name and address for the record. Please limit your comments to the specific issue being addressed. 6.1. PUBLIC HEARING to Consider the Adoption of an Ordinance to Create a Municipal Service Benefit Unit (MSBU) for General Services and Capital Improvements Associated with the Heather Island Market Center PRESENTED Motion by Commissioner Curry, second by Commissioner Bryant, to approve this agenda item. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 7. CONSENT: Motion by Commissioner Bryant, second by Commissioner Curry, to approve items 7.1.1. - 7.8.8. with the exception of item 7.6.4. and the addition of item 5.1.9. The motion carried by the following vote: 4Aye: 0Nay: 1Absent: A motion to approve the Consent Agenda is a motion to approve all recommended actions . All matters on the Consent Agenda are considered routine and will be enacted by one motion . There will be no separate discussion unless desired by a Commissioner. 7.1. Attorney: 7.1.1. Request Approval for Management Control Agreement Between the Sheriff William “Billy” Woods and the Marion County Board of County Commissioners Regarding the Cooperative Communication Center (Budget Impact - None) Page 5 of 14 Board of County Commissioners Action Summary June 1, 2021 7.1.2. Request Approval of Liability Settlement Regarding Dana Loos Motion by Commissioner Bryant, second by Commissioner Stone to consider Walk-On item. The motion carried by the following vote: Aye: 4, Nay: 0, Absent: 1 PRESENTED Motion by Commissioner Curry, second by Commissioner Bryant, to approve this agenda item. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 7.2. Community Services: 7.2.1. Request Approval of Third Amendment to Agreement for FY 18/19 Between Marion County and Marion County Hospital District for $300,000 for Acquisition and Renovation with Community Development Block Grant (CDBG) Funds (Budget Impact - Neutral, not to exceed $300,000) 7.3. Development Review Committee: 7.3.1. Request Approval of Final Plat for CRS Flemington Commercial Subdivision, Application Number 26107 (Budget Impact - None) 7.3.2. Request Approval of Final Plat for World Equestrian Estates Phase 1 Subdivision, Application Number 25502 (Budget Impact - None) 7.3.3. Request Approval of Final Plat for Heather Island Market Center Partial Replat Commercial Subdivision, Application Number 25728 (Budget Impact - None) 7.4. Fire Rescue: 7.4.1. Request Approval of Donation from Marion Technical College/Marion County Public Schools to Marion County Fire Rescue (Budget Impact - None) 7.5. Human Resources: Page 6 of 14 Board of County Commissioners Action Summary June 1, 2021 7.5.1. Request Approval of Resolution for the Reclassification of One (1) Solid Waste Administrative Supervisor, Pay Grade 20, to One (1) Solid Waste Supervisor, Pay Grade 21; and Three (3) Solid Waste Services Coordinators, Pay Grade 18 to Three (3) Solid Waste Supervisors, Pay Grade 21, Within the Environmental Services Department under the Solid Waste Division Budget ZA425534 (Budget Impact - Expenditure of $18,610) 7.6. Procurement Services: 7.6.1. Request Approval of Task Order for Civil/Site Engineers for Miscellaneous Projects: 15Q-051-TO-169, SELP Campground Project - Kimley-Horn & Associates, Inc., Ocala, FL (Budget Impact - Neutral; expenditure of $93,790) 7.6.2. Request Approval of Task Order for Civil/Site Engineers for Miscellaneous Projects: 15Q-051-TO-167, Ray Wayside Park Waterfront Improvement - Tillman & Associates Engineering, LLC, Ocala, FL (Budget Impact - Neutral; expenditure of $149,996 as approved in FY 20/21 budget) 7.6.3. Request Approval of Change Order 1 to Purchase Order 2100462: 20Q-074-TO-01, Lift Station Replacement Design - Tillman & Associates Engineering, LLC, Ocala, FL (Budget Impact - Neutral; additional expenditure of $22,765 as approved in FY 20/21 budget) 7.6.4. Request Approval to Purchase One (1) John Deere 190GW FT Wheeled Excavator Under Sourcewell Number 032119 - Beard Equipment Company, Ocala, FL (Budget Impact - Neutral; expenditure of $286,395) PULLED for consideration at a future Board meeting 7.6.5. Request Approval of Purchases $50,000 and Over 7.7. Transportation - County Engineer: 7.7.1. Request Approval to Declare Parcel 2301-007-036 as Surplus and Authorize Staff to Proceed with the Sale (Budget Impact - Revenue of $9,100) 7.7.2. Request Approval to Declare Parcel 2304-019-007 as Surplus and Authorize Staff to Proceed with the Sale (Budget Impact - Revenue of $12,100) 7.7.3. Request Approval to Declare Parcel 2304-020-001 as Surplus and Authorize Staff to Proceed with the Sale (Budget Impact - Revenue of $12,100) Page 7 of 14 Board of County Commissioners Action Summary June 1, 2021 7.7.4. Request Approval of a Purchase Agreement Associated with the NW/NE 35th Street Phase 1B Road Improvement Project (Budget Impact - Neutral; expenditure of $91,932 as approved in the FY 20/21 budget) 7.7.5. Request Approval of a Purchase Agreement and Permanent Drainage Easement Associated with the CR 225A and Hwy 27 Intersection Improvement Project (Budget Impact - Neutral; expenditure of $6,894 as approved in the FY 20/21 budget) 7.8. Utilities: 7.8.1. Request Approval for Water Main Extension Connection Agreement 21-SA-20-O Between A-Plus Homes, Inc. and Marion County Utilities (MCU) (Budget Impact - None) 7.8.2. Request Approval for Water Main Extension Connection Agreement 20-SA-50-O Between Good Ol’ Boys, LLC and Marion County Utilities (MCU) (Budget Impact - None) 7.8.3. Request Approval for Water Main Extension Connection Agreement 21-SA-03-O Between Licciardello Construction, Inc. and Marion County Utilities (MCU) (Budget Impact - None) 7.8.4. Request Approval for Water Main Extension Connection Agreement 21-SA-04-O Between Weclew Investments, LLC and Marion County Utilities (MCU) (Budget Impact - None) 7.8.5. Request Approval for Water Main Extension Connection Agreement 21-SA-05-O Between Weclew Investments, LLC and Marion County Utilities (MCU) (Budget Impact - None) 7.8.6. Request Approval for Water Main Extension Connection Agreement 21-SA-12-O Between Licciardello Construction, Inc. and Marion County Utilities (MCU) (Budget Impact - None) 7.8.7. Request Approval for Water Main Extension Connection Agreement 21-SA-13-O Between Weclew Investments, LLC and Marion County Utilities (MCU) (Budget Impact - None) 7.8.8. Request Approval of DEP Agreement Number LPS0055 Change Order 1 Between Florida Department of Environmental Protection (FDEP) and Marion County (Budget Impact - None) 8. COUNTY ATTORNEY: 8.1. Request Consideration of Release of Civil Restitution Lien for Terence Jones PRESENTED Motion by Commissioner Bryant, second by Chairman Gold, to reduce lien to $1,000. The motion carried by the following vote: Page 8 of 14 Board of County Commissioners Action Summary June 1, 2021 Aye: 4 Nay: 0 Absent: 1 8.2. Request Consideration of Release of Civil Restitution Lien for Frank Rode PRESENTED Motion by Commissioner Bryant, second by Commissioner Stone, to reduce the lien to $4,250. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 8.3. Request Consideration of Agreement for Short Sale of Property Currently in Foreclosure in United States Department of Agriculture (USDA) vs. Melissa D. O’Connor in 2020-CA-514 PRESENTED Motion by Commissioner Bryant, second by Commissioner Stone, to approve this agenda item. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 9. COUNTY ADMINISTRATOR: 9.1. Request Consideration of Proposed Categories Under the American Rescue Plan Act PRESENTED Commissioner Bryant - asked to clarify lost revenue replacement; Ms. Fowler informed the Board of the interest income lost in General Fund Reserves Commissioner Curry - asked about broadband; Mr. Bouyounes suggested to utilize funds to perform an analysis or feasibility study to determine where it is needed in the County and how service can be added CONSENSUS to approve categories but not to include dollar amounts DIRECTION TO STAFF - Budget to bring detailed amounts of lost revenue funds during Budget Workshops, staff to bring a plan for Water and Sewer and Broadband, CEP and Community Foundation to bring a plan showing the needs of local businesses and non-profits to the Board Page 9 of 14 Board of County Commissioners Action Summary June 1, 2021 9.2. Request Approval of Resolution Requesting the Support of the Governor and the Florida Public Service Commission to Oppose the Proposed Breakup of Duke Energy PRESENTED Motion by Commissioner Stone, second by Commissioner Curry, to approve this agenda item. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 9.3. Administrative Update - Animal Services Interlocal Agreement with Municipalities PRESENTED 10. COMMITTEE ITEMS: Motion by Commissioner Bryant, second by Commissioner Stone, to approve items 10.1. - 10.2. The motion carried by the following vote: 4Aye: 0Nay: 1Absent: 10.1. Fire Rescue/EMS Advisory Board - Notification of Appointment of Matthew Leibfried by Commissioner Jeff Gold 10.2. Dog Classification Board - Notification of Appointment of Mike Deen by Commissioner Kathy Bryant 11. NOTATION FOR ACTION: Motion by Commissioner Bryant, second by Commissioner Curry, to approve items 11.2. - 11.4. The motion carried by the following vote: 4Aye: 0Nay: 1Absent: 11.1. Request Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance Authorizing the Creation of Marion County Local Provider Participation Fund Specifying the Method of Setting and Computing Annual Non-Ad Valorem Special Assessments to Help Offset Local Hospitals’ Medicaid Deficiencies on Tuesday, June 15, 2021 at 10:00 a.m. in the McPherson Governmental Campus Auditorium WITHDRAWN - was approved as a Walk-On during the May 18, 2021 Board meeting Page 10 of 14 Board of County Commissioners Action Summary June 1, 2021 11.2. Request Approval of Public Meeting with Marion County’s Legislative Delegation Members on Monday, June 21, 2021 at 9:00 a.m. at the SELP Auditorium 11.3. Request Approval and Adoption of a Resolution to Declare a Public Hearing Date for Consideration of a Road Closure Petition Associated with Meadow Ridge on Tuesday, July 6, 2021 at 2:00 p.m. or as Soon Thereafter as Possible in the McPherson Governmental Campus Auditorium 11.4. Request Approval and Adoption of a Resolution to Declare a Public Hearing Date for Consideration of a Road Closure Petition Associated with Roosevelt Village, on Tuesday, July 6, 2021 at 2:00 p.m. or as Soon Thereafter as Possible in the McPherson Governmental Campus Auditorium 12. COMMISSIONER ITEMS: 12.1. Commission Comments Commissioner Stone - Shared comments on litter and commended businesses that provide community services to keep the County clean Commissioner Curry - Shared comments on Memorial Wall dedication at the Veterans Park Commissioner Bryant - Shared concerns regarding sound system during Memorial Day ceremony Commissioner Gold - Recognized Station 27 and Dispatch for service - Encouraged nominations for Employee of the Quarter 12.2. Commission Calendar 12.2.1. Present Commission Calendar 13. GENERAL PUBLIC COMMENT: Scheduled requests will be heard first and limited to five (5) minutes. Unscheduled speakers will be limited to two (2) minutes. Citizens may contact Marion County Administration by 5:00 p.m. the Friday before the meeting at 352-438-2300 to request to speak or sign up online at: www.marionfl.org . Meeting went into recess 14. NOTATION FOR RECORD: 14.1. County Administrator Informational Items: 14.1.1. Present Solid Waste Monthly Operations Report for April 2021 Page 11 of 14 Board of County Commissioners Action Summary June 1, 2021 14.1.2. Present Notification of Extension of State of Local Emergency Related to COVID-19 Pandemic Dated May 17, 2021 14.1.3. Present Notification of Extension of State of Local Emergency Related to COVID-19 Pandemic Dated May 24, 2021 14.2. Present Walk-On Items From Previous BCC Meeting: NONE 14.3. General Informational Items: 14.3.1. Marion County Health Department – For the Latest health news and information, Visit the Website at http://marion.floridahealth.gov/ 14.4. Clerk of the Court: 14.4.1. Present Administrative Budget Transfer Report 14.4.2. Present CARES Act Administrative Budget Transfer Report 14.4.3. Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 040706, 040732, 040763, 047534, 045149, Supervisor of Election list and IT lists attached 14.4.4. Present Regular Report of Utilization for Reserve for Contingencies 14.4.5. Present Memorandum from Gregory C. Harrell, Clerk of the Circuit Court and Comptroller, Regarding the Filing of Ordinances 21-10 and 21-11 with the Secretary of State’s Office 14.4.6. Present Constitutional Officers' and Commissioners' Bonds Pursuant to Chapter 137.05, Florida Statutes 14.5. Present for information and record, minutes and notices received from the following committees and agencies: 14.5.1. Code Enforcement Board - April 14, 2021 14.5.2. Marion Oaks MSTU General Services Advisory Board - February 9, 2021 14.5.3. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at http://www.WaterMatters.org 14.5.4. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at https://www.sjrwmd.com 14.5.5. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http://www.ocalafl.org/tpo 14.5.6. Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at http://www.wrwsa.org Page 12 of 14 Board of County Commissioners Action Summary June 1, 2021 15. DRC WAIVER REQUESTS AND REASONABLE ACCOMMODATION REQUESTS (AT 2:00PM): Meeting reconvened at 2:00 p.m. Commissioner Kathy Bryant, Chairman Jeff Gold, Commissioner Michelle Stone, and Commissioner Craig Curry Present: Vice Chair Carl Zalak IIIAbsent: 15.1. DRC Waiver Requests: 15.1.1. Request to Uphold DRC’s Denial Regarding a Waiver Request for LDC 6.14.2.B(1)(a) - Water Connection for New Single Family Residential for the Antonio Lopez Property, Parcel Number 9018-0305-02, Application Number 26618 Motion by Commissioner Bryant, second by Chairman Gold, to approve and grant the waiver request. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 15.1.2. Request to Uphold DRC’s Denial and Conditional Approval Regarding a Waiver Request for LDC 6.14.2.B(1)(a) - Water Connection and 6.14.2.B(2)(a) - Wastewater Connection for New Single Family Residential for the Carmen Williams Property, Parcel Number 31829-014-00, Application Number 26631 Motion by Commissioner Bryant, second by Commissioner Stone, to approve and grant waiver request. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 15.1.3. Request to Uphold DRC’s Denial Regarding Waiver Request for LDC 2.16.1.B(8) - Agricultural Lot Split Outside the Urban Growth Boundary for Terra Bello, Parcel Number 37388-000-00, Application Number 26621 Motion by Commissioner Bryant, second by Commissioner Stone, to approve and grant waiver request. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 Page 13 of 14 Board of County Commissioners Action Summary June 1, 2021 15.1.4. Request to Uphold DRC’s Denial Regarding Waiver Request for LDC 6.14.2.C(2)(e)1 - Grease Removal System for Nueva Vida United Methodist Church, Parcel Number 8002-0240-04, Application Number 26629 Motion by Commissioner Bryant, second by Commissioner Stone, to approve and grant waiver request. The motion carried by the following vote: Aye: 4 Nay: 0 Absent: 1 Page 14 of 14