Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS March 16, 2010 The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:03 a.m. on Tuesday, March 16, 2010 at the Marion County Governmental Complex located in Ocala, Florida. The meeting opened with invocation by Commissioner Payton and the Pledge of Allegiance to the Flag of our Country. Upon roll call the following members were present: Chair Barbara Fitos, District 4; Commissioner Mike Amsden, District 1; Commissioner Jim Payton, District 2; and Commissioner Charlie Stone, District 5. Vice-Chairman Stan McClain, District 3, arrived later in the meeting. Also present were Clerk David R. Ellspermann, Deputy Clerk Cindy Bonvissuto, Acting County Attorney Robert J. Fowler, County Administrator Lee Niblock, a representative of the Sheriff’s Office and a member of the news media. Proclamations/Projects & Programs – (1.A. through D.) – Upon motion of Commissioner Stone, seconded by Commissioner Amsden, the Board approved the following: A. Proclamation designating the month of April, 2010 as “Water Conservation Month”. B. Presentation of “Mental Illness and the Criminal Justice System” by Alina Stoothoff. C. Presentation of “National Flood Insurance Program Community Rating System” plaque from the Federal Emergency Management Agency (FEMA) for Marion County’s participation by Jimmy Massey. D. Presentation of “2009 – 2010 EDC Progress Reports” by Pete Tesch. Proclamations/Projects & Programs – (1.A.) – The Board presented the Proclamation declaring the month of April, 2010 as “Water Conservation Month” to Water Conservation Coordinator Nia Haynes, Marion County Utilities Department, Community Affairs Program Manager Cara Martin, Southwest Florida Water Management District (SWFWMD), and Intergovernmental Coordinator Geoff Sample, Community Government Affairs Office, St. Johns River Water Management District (SJRWMD). Ms. Haynes commented on homeowner association workshops that had been conducted, community events and noted the main goal was educating citizens about the importance of water resources. Jails/Prisoners/Projects & Programs/Sheriff – (1.B.) – Presentation by retired mental health professional/consultant Alina Stoothoff, who noted she was recruited by the management team and volunteered to help with the planning and implementation of the pre arrest diversion program. Ms. Stoothoff gave a PowerPoint presentation entitled, “Criminal Justice & Mental Illness – Improving the Quality of Life in Marion County”, which she had researched for seven years. Book O, Page 413

March 16, 2010 Commissioner Amsden questioned what was being asked of the Board today. Ms. Stoothoff stated the Board would be requested to support a grant application in the future. Commissioner Stone requested that one-on-one discussions be held. Ms. Stoothoff agreed. Chair Fitos advised that she had been engaged in meetings with Ms. Stoothoff and Diana Williams. She instructed the County Administrator to ensure that staff was in attendance at their meetings and requested that Ms. Stoothoff advise of future meetings. Ms. Stoothoff advised that her contact information was: 352-572-9199. [email protected] FEMA/Projects & Programs/Zoning – (1.C.) – Growth Management Director Jimmy Massey read an excerpt from a letter dated February 16, 2010, from the Federal Emergency Management Agency (FEMA) addressing the County’s participation in the National Flood Insurance Program. He noted that as a result of an employee’s diligence to train himself on nights and weekends in an effort to increase the County’s ratings homeowners were afforded a reduced premium (an average of $30 to $40) on their policies. Mr. Massey presented a plaque from FEMA for Marion County’s participation in the “National Flood Insurance Program Community Rating System” (CRS) to Richard Martin, Zoning Technician II. Mr. Massey noted the change in rating (from 9 to 7) gave qualified flood insurance policy holders a possible 15% discount on their flood insurance premiums, which saved the citizens of Marion County between $100,000 to $200,000 overall. Commissioner McClain arrived at 9:26 a.m. Projects & Programs – (1.D.) – Ocala/Marion County Economic Development Corporation (EDC) President/Chief Executive Officer (CEO) Peter Tesch presented the “Marketing Report – September 2009 – February 2010”. He commented on the report, which included the EDC’s marketing, branding, community relations, business recruitment and retention efforts. Mr. Tesch addressed two areas for discussion: 1) prospect development where aviation/aerospace, alternative energy and business and financial services were targeted; site consultants were also a way to gain lead activity; as well as Enterprise Florida, the State of Florida’s economic development agency, which was a prime generator of business contacts; and 2) business park efforts, where with the help of the County Commission, several business parks were getting close to being on the market soon, which included property that was zoned appropriately, infrastructure and was “shovel ready”. He commented on the Business Park Study to be conducted by Moran, Stahl and Boyer (MS&B), a prominent site consultant company, noting John Rhodes was the Senior Principal. The important part about the study was that it would focus on specific areas, to include the Ocala International Airport as well as the Magna property. Mr. Tesch opined that economic recovery was beginning and briefly commented on projects that would create over 230 jobs and 100 construction jobs, with a capital investment of approximately $35,000,000. Mr. Tesch presented a letter he had submitted to Mr. Niblock supporting discussion regarding suspension of the Transportation Impact Fees and utilizing some type of permanent plan to off-set impact fees that was brought forward by staff at the January 5, 2010 Board of County Commissioners (BCC) meeting. He noted the EDC Executive Board also supported that discussion. Ordinances/Roads, Miscellaneous/Transportation – (7.B.1.) – Chair Fitos noted Page 414, Book O

March 16, 2010 that this item would establish the public hearing for conversations regarding the Transportation Impact Fees. She noted that the deadline for the suspension that was put in place would expire on March 31, 2010 and the comprehensive conversation would not occur until April 6, 2010. Chair Fitos proposed for consideration that the Board entertain not only scheduling the public hearing on the 6th of April, but to also extend the suspension of impact fees indefinitely in order to comprehensively deal with that subject as well as the subject for economic development (pursuant to the Ordinance), which would not preclude those present to speak on the issue. Commissioner Stone stated he supported continuing the suspension, but questioned the term “indefinite” as he assumed there would be a specific timeline. Chair Fitos advised that the timeline could be established at the public hearing on April 6th. A motion was made by Commissioner Stone, seconded by Commissioner Amsden, to continue the suspension of the Transportation Impact Fees indefinitely and authorize advertisement of an Ordinance for Board consideration and adoption on Tuesday, April 6, 2010 at 10:00 a.m., in regard to relief of Transportation Impact Fees in relation to economic development and high wage job creation. The motion was unanimously approved by the Board (5-0). Roads, Miscellaneous/Transportation – (2.A.) – Francine A. Johannesen, CEO, Marion County Building Industry Association, NE 14th Street, thanked the Board for the action taken to indefinitely suspend the Transportation Impact Fees. Roads, Miscellaneous/Transportation – (2.B.) – Chad Johannesen, Vice President and Division Manager, Maronda Homes, Midway Terrace, thanked the Board for indefinitely suspending the Transportation Impact Fees on behalf of the Marion County Building Industry Association, the business industry and himself. Roads, Miscellaneous/Transportation – (2.C.) – John Reed, SE 18th Avenue, was not called upon and did not appear to address the Board regarding Transportation Impact Fees. Roads, Miscellaneous/Transportation – (2.D.) – Manager of Surveying George D. Gibson, III, Boyer-Singleton & Associates, Inc, SW Highway 200, echoed comments previously made. He noted construction was one of the few professions that still required manpower and thanked the Board for saving jobs. Roads, Miscellaneous/Transportation – (2.E.) – Jerome Schimmelpfenning, Gale Insulation & Specialties, SE 53rd Avenue, did not appear when called upon to address the Board regarding Transportation Impact Fees. Roads, Miscellaneous/Transportation – (2.F.) – Marc Robinson, West Highway 318, Citra, advised that he had 29 applications for building permits that he was not able to get completed in order to meet the deadline. He thanked the Board for indefinitely suspending the Transportation Impact Fees. Michael Mazzurco, SE 35th Loop, employee of Armstrong Homes, thanked the Board for indefinitely suspending the Transportation Impact Fees, noting that 9 of the 17 sales since January 1st, 2010 resulted from impact fee savings for a gross sales volume of a little over $1,800,000. Book O, Page 415

March 16, 2010 Josh Klugger, SE 31st Street, Center State Construction, thanked the Board for indefinitely suspending the Transportation Impact Fees. He noted his company had been able to work on 6 projects for approximately $2.5 million. Tony M. Chester, NE CR 315, Ft. McCoy, thanked the Board for indefinitely suspending the Transportation Impact Fees. Ed Wilson, SW 155th Street, Dunnellon, asked the Board to help create jobs for all small businesses in Marion County by making it easier to conduct business. Jim Bennett, Bennett Construction Services, SE 49th Avenue, thanked the Board for indefinitely suspending the Transportation Impact Fees, which saved jobs that allowed those to pay their mortgages and feed their families. Brian Ehlers, SE 85th Street Road, reinforced comments made by Mr. Tesch, noting the suspension would likely be needed through the end of the year due to the time it took to go through the process. He further thanked the Board for its help regarding the Rasmussen College project where he was the contractor and developer. Gilberto Martinez, SW 79th Circle, co-owner of Martin Martinez Architecture Company, agreed with comments made by Mr. Edwards and thanked the Board for indefinitely suspending the Transportation Impact Fees. He urged the Board consider extending the suspension through 2010. Chair Fitos encouraged those present to return for the public hearing on Tuesday, April 6, 2010. She requested that any information to be shared in advance of the meeting be submitted and recommended interested parties to meet with staff or Commissioners. Minutes – (3.A. through C.) – A motion was made by Commissioner Payton, seconded by Commissioner McClain, to adopt the meeting minutes of February 9 (2 sets) and 16, 2010. The motion was unanimously approved by the Board (5-0). Contracts & Agreements/Tax Collector – (4.A.) – A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to approve and execute the Lease Renewal with Ocala Springs Plaza, LC for the Tax Collector’s North branch office located in the Ocala Springs Shopping Center. It was noted that the renewal extended the term of the lease for an additional five year period ending January 14, 2015. The motion was unanimously approved by the Board (5-0). Projects & Programs/Sheriff – (4.B.) – Sergeant (Sgt) Robert Johnson, Deputy Director Emergency Management, Marion County Sheriff’s Office (MCSO), presented information regarding “Hurricane and Storm Ready Expo 2010”. He presented a two page handout (brochure) regarding the Expo with the assistance and cooperation of the Air Force who agreed to display a Hurricane Hunter aircraft at the Ocala International Airport. Sgt. Johnson encouraged citizens to attend the event scheduled for Saturday, April 17, 2010 from 9:00 a.m. to 3:00 pm at the Ocala International Airport. He noted that the event and parking were free. Chair Fitos requested an update on the National Incident Management System (NIMS) training. Sgt. Johnson stated the command and coordination program began with the Forestry Division in California to ensure that everyone was on the same page when responding to emergencies, which the County adopted in 2005 and agreed to participate in the program. He noted the Emergency Operation Center (EOC) was changed from an emergency support function to an incident command system. The Page 416, Book O

March 16, 2010 MCSO, Fire Chief McElhaney and the Fire Department were close to 100% compliance, however, new rules were approved that required everyone who responded (i.e., public works or anyone who responds to a scene or the EOC) must have the training. Sgt. Johnson stated the training would be offered in a one day class on Thursday, May 13, 2010 to executives, the County Commission, City Councils (throughout the municipality), and elected officials. Sgt. Johnson thanked County Engineer Mounir Bouyounes for his assistance during the one day storm during heavy rains. The EOC contacted Mr. Bouyounes requesting sand for sand bags, whereby he and his staff had sand was on its way within 15 minutes of the request. Contracts & Agreements/Sheriff/Subdivisions/Traffic Control – (4.C.) – A motion was made by Commissioner McClain, seconded by Commissioner Payton, to approve and execute an Agreement with the Stonecrest Property Owner Association, on behalf of Stonecrest, and the Sheriff to provide additional traffic enforcement service over private roads or roads located within the Stonecrest community from March 1, 2010 through February 28, 2011, as submitted by the Marion County Sheriff’s Office. The motion was unanimously approved by the Board (5-0). Budgets/Sheriff – (4.D.) – Sheriff Dean presented the following memorandum regarding expenditure of up to $56,052 from the Law Enforcement Trust Fund, as follows: I am requesting your concurrence in the expenditure of up to $56,052 from the Law Enforcement Trust Fund for the following purposes: • $10,527 – To the Ocala Police Department and FDLE as their prorated share of proceeds from the sale of a vehicle seized through a joint investigation. • $2,100 – To purchase equipment for the Multi Agency Drug Enforcement Team. This will be funded ½ by Marion County Sheriff’s Office and ½ from Ocala Police Department forfeiture funds. • $28,925 – To pay for the Marion County Sheriff’s Office law enforcement accreditation by CALEA. • $3,000 – To purchase additional equipment needed in the Communications Center that allows call takes to receive text messaging. • $11,500 – To be given as a charitable donation to the United Way of Marion County. This amount will be used to strengthen juvenile programs in Marion County and will be broken down as follows: $5,000 to the Boys & Girls Club of Dunnellon, $2,500 each the Boy Scouts & Girl Scouts of America locally in Marion County and the remaining $1,500 to the United Way. I certify that the request meets the requirements of Chapter 932 of the Florida State Statutes and that there are no recurring expenses for subsequent fiscal years. A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to approve the request of Sheriff Ed Dean to expend $56,052 from the Law Enforcement Trust Fund. It was noted the request met requirements of Chapter 932 of the Florida Statutes and there would be no recurring expenses in subsequent fiscal years. The motion was unanimously approved by the Board (5-0).

Book O, Page 417

March 16, 2010 (Ed. Note: FDLE is the acronym for Federal Department of Law Enforcement; and CALEA is the acronym for Commission on Accreditation for Law Enforcement Agencies.) Budgets/Resolutions – (5.A.1. through 18.) – Clerk Ellspermann advised that item 5.A.17. was withdrawn. Upon motion of Commissioner McClain, seconded by Commissioner Stone, the Board adopted the following Budget Amendment Resolutions presented by Clerk Ellspermann: 1. 10-R-91 transferring $3,100 within the General Fund for the Zoning Department. 2. 10-R-92 transferring $5,000 within the General Fund for the Neighborhood Stabilization Program. 3. 10-R-93 transferring $1,700 within the General Fund for the Human Resources Department. 4. 10-R-94 transferring $2,022 within the General Fund for Belleview Sportsplex. 5. 10-R-95 transferring $6,536 within the General Fund for the Clerk to County Commission. 6. 10-R-96 transferring $25,814 within the General Fund for the Public Library System. 7. 10-R-97 transferring $25,688 within the Fine & Forfeiture Fund for the Sheriff’s Department – Regular. 8. 10-R-98 transferring $3,000 within the Dunnellon Airport Authority Fund for the Dunnellon Airport. 9. 10-R-99 transferring $25,688 within the Law Enforcement Trust Fund for the Fine & Forfeiture Fund. 10. 10-R-100 transferring $42,153 within the 9-1-1 Emergency Telephone System Fund for the 9-1-1 Management Department. 11. 10-R-101 transferring $5,214 within the MSTU for Law Enforcement for the Sheriff’s Department – Patrol & CID. 12. 10-R-102 transferring $76 within the MSTU for Law Enforcement for the Sheriff’s Department – Patrol & CID. 13. 10-R-103 transferring $5,000 within the MSTU for Law Enforcement for the Sheriff’s Department – Patrol & CID. 14. 10-R-104 transferring $31,994 within the Medical Examiner Fund for the Medical Examiner Department. 15. 10-R-105 transferring $200,000 within the Impact Fee Trust Fund – District 2 for Impact Fees – District 2 Improvements. 16. 10-R-106 transferring $325 within the Marion Oaks MSTU for General Services. 17. Budget Amendment Resolution transferring $42,153 within the CIP Capital Project Fund for Capital Improvement Projects was withdrawn. 18. 10-R-107 transferring $15,620 within the CIP Capital Project Fund for Capital Improvement Projects. (Ed. Note: MSTU is the acronym for Municipal Service Taxing Unit; CIP is the acronym for Capital Improvement Program.)

Page 418, Book O

March 16, 2010 Clerk – (5.B.) – Upon motion of Commissioner McClain, seconded by Commissioner Payton, the Board accepted recommendations of the County Attorney’s office regarding the following claims for overbid monies from Tax Deed Sales: 1. Granted claim from Sunbelt Credit Corp. regarding Tax Deed Sale No. 284182. 2. Granted claim from Swearingen & Associates, Inc., on behalf of Ernest Holland and William S. Holland regarding Tax Deed Sale No. 284358. 3. Granted claim from East Winds Consulting, LLC, on behalf of Walter Hanrahan regarding Tax Deed Sale No. 284448. 4. Granted claim from East Winds Consulting, LLC, on behalf of Gloria Cabret regarding Tax Deed Sale No. 284606. 5. Granted claim from Stephen A. Hould, Esquire, on behalf of Dianne C. Olson regarding Tax Deed Sale No. 284654. 6. Granted claims from Cherry Developers, Inc. and Paul E. Monroe regarding Tax Deed Sale No. 285449. 7. Denied claims from Sylvia K. Robbins-Hillen, as sibling of the property owner, regarding Tax Deed Sale No. 284831. Upon motion of Commissioner Stone, seconded by Commissioner McClain, the Board acted on the Consent Agenda for the County Administration item 7.A.1., County Attorney item 7.B.1, Community Services item 7.C.1., Development Review Committee (DRC) items 7.D.1. and 2., Dunnellon Airport item 7.E.1., Human Resources item 7.F.1., Procurement Services items 7.G.1. through 8., Solid Waste item 7.H.1., Transportation items 7.I.1. through 5., and Utilities item 7.J.1., as follows: Contracts & Agreements/Projects & Programs – (7.A.1.) – Accepted the following recommendation from Sustainable Growth Manager Lucienne Gaufillet to approve and execute the Economic Development Grant Agreement with Santelli Tempered Glass, Inc.: Description/Background: On January 19, 2010 the Board unanimously approved an EDFlG award for Santelli Tempered Glass to provide assistance to the company in expanding its operations to Marion County. Santelli Tempered Glass is located in Monessen, PA and has recently committed to opening a second manufacturing facility in Marion County with a commitment to invest $3.4 million in renovations, machinery and equipment and the creation of at least thirty five (35) new full time positions. The EDFIG award consists of $21,000 in matching funds to the State’s Qualified Target Industry (QTI) program, and an additional $30,000 to be funded upon completion of the improvements and the hiring of 35 full time employees with an average annual wage of at least $35,000. The agreement requires that the new employees must be hired prior to payment of the EDFlG award, and must be maintained for a period of at least five (5) years from the date of this agreement. In the event that these performance criteria are not met, there are suitable clawback provisions in the contract to require repayment of some or all of the funds. Budget Impact: Payment will be made in the total amount of $51,000. The funds will be allocated and paid out of dept 1020 CC-Industry Development, account 581317 Aid to Private Org - EDFIG. Book O, Page 419

March 16, 2010 Recommended Action: Request approval of the attached Economic Development Financial Incentive Grant funding agreement and authorize the Chair and the Clerk to execute the same. Ordinances/Roads, Miscellaneous/Transportation – (7.B.1.) – The Board discussed advertisement of an Ordinance regarding relief of Transportation Impact Fees earlier in the meeting. Deeds/Rights of Way – (7.C.1.) – Accepted the following recommendation from Community Services Director Cheryl Amey to execute the Quit Claim Deed returning the right of way (ROW) to Russell Lee Godby, property owner in Lake Charles Campsites and recording fees to be paid with Community Development Block Grant (CDBG) funds: Description/Background: The CDBG Lake Charles road paving project was cancelled at the August 18, 2009 BCC meeting. Funds are being reallocated to other eligible CDBG projects to meet expenditure deadlines as approved at the Feb. 2, 2010 BCC meeting. A homeowner in Lake Charles has a contract for sale, but the title company indicates that the County’s ROW deed is clouding the title and preventing the sale. Russell Lee Godby Parcel ID #: 1661-010-006 Requesting permission to Quit Claim the ROW back to the homeowner. Budget Impact: Recording fees paid with CDBG grant funds. Recommended Action: Request approval for the Chairman to sign a Quit Claim deed returning the ROW back to the homeowner, Russell Lee Godby for parcel #1661-010-006. Subdivisions – (7.D.1.) – Accepted recommendation of the Development Review Committee (DRC) to execute and record the final plat of the Shops at Foxwood subdivision. Subdivisions – (7.D.2.) – Accepted recommendation of the Development Review Committee (DRC) to execute and record the final plat of SummerGlen Phase 6-B subdivision. Airport/Grants/Projects & Programs – (7.E.1.) – Accepted the following recommendation from Airport Supervisor John Helms to approve and execute the grant application with the Federal Aviation Administration (FAA) for the design to mill, overlay and light Runway 05-23 at the Dunnellon Airport: Description/Background: This is an application for Federal Aviation Administration Grant assistance for the design of a mill, overlay and light runway 05-23 at the Dunnellon Airport. The design will be conducted by Hoyle, Tanner & Associates at a total cost of $125,000. Through this grant the FAA will encumber 95% of the cost of the design which is equal to $118,750 leaving the county with a $6,250 total responsibility. The actual mill, overlay and light of runway 05-23 is estimated at $1,600,000 which will also be covered at the appropriate time by a 95% FAA grant. Page 420, Book O

March 16, 2010 Budget/Impact: Potential Grant Revenue of $118,750. Recommended Action: Request to approve and sign application Form 424 of grant application. County Employees/Resolutions – (7.F.1.) – Accepted the following recommendation from Human Resources Director Drew Adams to adopt Resolution 10R-108 deleting a Staff Assistant III and establishing a part-time Office Assistant for the Municipal Service Taxing District (MSTU) Department: Description/Background: The MSTU Director has requested realignment of positions in her department. A position of Staff Assistant III was originally established in the department during the budget process. After review of the position by the MSTU Director, there is a change in the level of complexity and nature of the assigned duties which has caused the position to be more appropriately classified to a part-time Office Assistant (attached job description Exhibit “A”). A portion of the duties of the deleted Staff Assistant III position will be reassigned to a current Staff Assistant II. With the increase duties being reassigned, the complexity and accuracy required with the data handling, the Director is recommending an increase to the current salary of one position of Staff Assistant II. We request your review and approval of the attached resolution and job description, Exhibit “A”. Budget Impact: The reorganization will result in a decrease of $24,626.00 of salary and benefits and will result in a savings in the Personnel Services Budget. Recommended Action: Board motion to approve the attached resolution to delete a Staff Assistant III and establish a Part-time Office Assistant for 25 hours per week with associated pay grade for addition into the Classification and Pay Plan for the MSTU Department effective March 16, 2010. Comprehensive Plan/Contracts & Agreements/Solid Waste – (7.G.1.) – Accepted recommendation from Procurement Services Director Susan Olsen to approve and execute the Project Amendment to the Agreement with S2L, Inc. (S2Li) to provide Comprehensive Plan Amendment Assistance, at an estimated cost of $29,090, as requested by the Solid Waste Department pursuant to Request for Quotes (RFQ) No. 04Q-088. Contracts & Agreements/Southeastern Livestock Pavilion – (7.G.2.) – Accepted recommendation of Procurement Services Director Olsen to approve reallocation of funds and execute the Project Amendment to the Agreement with Starmer Ranaldi Planning and Architecture, Inc. for services relating to the Southeastern Livestock Pavilion (SELP) Arena Entry, not to exceed $142,193, which also includes $3,000 allocated for approved reimbursable expenses, as requested by the Facilities Management Department pursuant to RFQ No. 06Q-108. Contracts & Agreements/Rights of Way – (7.G.3.) – Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement with Marcum Underground, Inc. for miscellaneous road right of way maintenance and drainage work under the First Task Order, not to exceed $121,232.75 (10% contingency allowed to be added to the Purchase Order), as

Book O, Page 421

March 16, 2010 requested by the Office of the County Engineer pursuant to Request for Proposals (RFP) No. 09P-077. Contracts & Agreements/Roads, Miscellaneous – (7.G.4.) – Accepted recommendation of Procurement Services Director Olsen to approve and execute the contract with USA Services of Florida, Inc. for street sweeping services, estimated not to exceed $51,804 for the remainder of this year (10% contingency allowed to be added to the Purchase Order), as requested by the Office of the County Engineer pursuant to Bid No. 09B-011. Contracts & Agreements/Projects & Programs – (7.G.5.) – Accepted recommendation of Procurement Services Director Olsen to approve and execute the contract with O’Brien’s Response Management for disaster debris monitoring, as requested by the Office of the County Engineer pursuant to RFQ No. 10Q-001. It was noted that there was no budget impact at this time as services would only be required in the event of a disaster (funding to be taken from line item 1005-599101). Contracts & Agreements/Utilities – (7.G.6.) – Accepted recommendation of Procurement Services Director Olsen to approve and execute the Project Amendment to the Agreement with London Engineering & Associates, Inc. for the Marion Oaks Water Plant #5 project, which was not expected to exceed $32,871, as requested by the Utilities Department pursuant to RFQ No. 05Q-035. Contracts & Agreements/Projects & Programs – (7.G.7.) – Accepted recommendation of Procurement Services Director Olsen to approve and execute the contract amendment with the University of Central Florida extending the end date of the original contract for activities related to nitrogen transport and transformation beneath storm water ponds, as requested by Procurement Services pursuant to Contract No. C10-130. It was noted that there was no impact to the budget as the (original) agreement had a fixed price of $500,000. Purchasing - (7.G.8.) - The Board approved Purchase Orders over $25,000 as listed on schedule dated today. Landfills/Solid Waste – (7.H.1.) – Accepted the following recommendation from Solid Waste Director Ken Whitehead to approve the request for a waiver of tipping fees from the Marion County Emergency Management Office, not to exceed $300: Description/Background: Sgt. Robert R. Johnson, Deputy Director of Operations for Marion County Emergency Management officially requested a waiver of tipping fees for nine (9) pallets of outdated Meals Ready to Eat (MRE’s) for disposal at Baseline Solid Waste Facility. According to Sgt. Johnson, it was determined that the MRE’s were outdated during their inventory for the upcoming season. After checking with the Military to see if they could upgrade the MRE’s, they were advised to dispose of them. Sgt. Johnson is requesting the waiving of tipping fees for the disposal of nine (9) pallets of MRE’s. Budget Impact: Budget estimated for waste disposal should not exceed $300.00.

Page 422, Book O

March 16, 2010 Recommended Action: Motion to approve the waiver of disposal tipping fees not to exceed $300.00 for the Marion County Emergency Management office. Contracts & Agreements/Road Improvements – (7.I.1.) – Accepted the recommendation of County Engineer Mounir Bouyounes, Office of the County Engineer, to approve and execute the Purchase Agreement with Linda S. O’Neal in the amount of $1,000 (plus closing costs) for Parcel No. 12724-002-00 (a portion of) to acquire necessary right of way for the NW 100th Street and NW 60th Avenue Intersection Improvement Project. Resolutions/Road Improvements – (7.I.2.) – Accepted the following recommendation from County Engineer Bouyounes, Office of the County Engineer, to adopt Resolution 10-R-109 supporting a State of Florida, Department of Transportation (FDOT), project relating to the widening of SR 40 from SR 45 (US 41) to CR 328: Description/Background: The Florida Department of Transportation (FDOT) has initiated a policy that requests local governments show support for FDOT’s projects. The attached Resolution has been prepared for the Board of County Commissioners’ consideration for acceptance and subsequent execution toward meeting FDOT’s request for their SR 40 Widening project from SR 45 (US 41) to CR 328. Budget Impact: No Budget Impact. Recommended Action: Motion to approve the attached Resolution and authorize Chair and Clerk to execute same. (Ed. Note: SR is the abbreviation of State Road and CR is the abbreviation of County Road.) Resolutions/Road Improvements – (7.I.3.) – Accepted the following recommendation from County Engineer Bouyounes, Office of the County Engineer, to adopt Resolution 10-R-110 supporting a State of Florida, Department of Transportation (FDOT), project relating to the widening of SR 40 from CR 328 to SW 80th Avenue (CR 225A): Description/Background: The Florida Department of Transportation (FDOT) has initiated a policy that requests local governments show support for FDOT’s projects. The attached Resolution has been prepared for the Board of County Commissioners’ consideration for acceptance and subsequent execution toward meeting FDOT’s request for their SR 40 Widening project from CR 328 to SW 80th Avenue (CR 225A). Budget Impact: No Budget Impact. Recommended Action: Motion to approve the attached Resolution and to authorize Chair and Clerk to execute same. Contracts & Agreements/Road Improvements – (7.I.4.) – It was noted that the recommendation from County Engineer Bouyounes, Office of the County Engineer, to approve and execute the Local Agency Certification Agreement with the State of Florida, Department of Transportation was moved to the April 6, 2010 agenda. Easements/Municipalities/Utilities – (7.I.5.) – Accepted recommendation of County Engineer Bouyounes, Office of the County Engineer, to approve and execute Book O, Page 423

March 16, 2010 the Easement for the Emergency Operations Center (EOC) Communication Center with the City of Ocala Electric. It was noted that there was no budget impact. Communications/Districts/Projects & Programs/Utilities – (7.J.1.) – Accepted the following recommendation from Water Conservation Coordinator Nia Haynes, Utilities Department, to approve the annual water conservation media campaign: Description/Background: Through cooperative agreements with the St. John’s River Water management District (SJRWMD) and the Southwest Florida Water Management District (SWFWMD), Marion County follows the SJRWMD lawn irrigation schedule. Marion County has an irrigation ordinance in place to regulate the irrigation patterns of our citizens and to eliminate wasteful irrigation practices. Through water conservation, Marion County can significantly reduce the need for expensive alternative water supplies in the future. In recognition of April being Water Conservation Month and to promote education on proper irrigation practices for all of Marion County, the Water Resources Department budgeted $125,000 for the Water Conservation media Campaign. Full participation with the SJRWMD Media Campaign would have cost the entire $125,000. Nia Haynes, the County Water Conservation Coordinator has negotiated a plan for targeted media exposure. Using the media materials from SJRWMD, she was able to put the campaign together at the significantly reduced cost of $70,274.04. Budget Impact: $70,274.04 on Transportation Water Resources account 0000012715-548101 Recommended Action: Request Approval to proceed with contracting with the media outlets outlined in the attached Water Conservation Media Campaign for advertisement as described therein. Projects & Programs – (9.A.) – County Administrator Niblock presented the following recommendation regarding a new County logo, to replace all other existing county logos, excluding the Fire/Rescue logo: Description/Background: As part of the “Doing More with Less” plan that the board unanimously adopted on April 21, 2009, the Marion County Office of Public Information was tasked with several communication improvements which led to the creation of a new logo and brand for the Marion County Board of County Commissioners and its 24 departments. Implementing one logo and one brand will provide Marion County with one identity and one central focus. It will also enable our citizens to recognize Marion County initiatives, programs and services as well as improve consistency and customer service. The logo for fire rescue is the only county logo that will remain as it currently exists. We would replace items with the new logo only when stock needs replenishing, and we would propose a three to five year integration process. In the short term, we will save approximately $6,500 on replacement office supplies, such as business cards, letterhead and envelopes. In the long-term, we anticipate even greater value as we improve efficiency and minimize redundancies. Budget Impact: None. Recommended Action: Motion to approve the logo as presented, replacing all other existing county logos, excluding the fire rescue logo. Page 424, Book O

March 16, 2010 Public Information Manager Heather Danenhower gave a brief PowerPoint presentation regarding the proposed logo and branding for the Marion County Board of County Commission and its 24 departments. It was noted that more than 16 logos represented Marion County government and its programs, services and initiatives. An RFP was issued for operating supplies, such as printed materials (i.e., business cards, letterhead, envelopes and note cards), which was anticipated to provide a savings of approximately $6,500 in tax dollars through greater efficiency. She noted that Procurement Services Director Susan Olsen and staff conducted a cost analysis and First Impressions Printing won the contract. Ms. Danenhower stated the long term value would be even greater and clarified that items would only be replaced as items were depleted, which was anticipated to occur over a 3 to 5 year period. Commissioner Payton inquired as to why Fire/Rescue was excluded. Ms. Danenhower advised that research conducted across the State showed that Fire/Rescue was synonymous with the Maltese cross and it was important that it be maintained. In response to Commissioner Stone, Ms. Danenhower stated staff could entertain changing the Fire/Rescue logo in the future should the Board so desire. A motion was made by Commissioner Stone, seconded by Commissioner Payton, to approve the logo as presented and replacing all other existing county logos, excluding Fire/Rescue. Chair Fitos clarified that supplies were to be replaced over time as they were diminished. The motion was unanimously approved by the Board (5-0). Contracts & Agreements/Utilities – (9.B.) – County Administrator Niblock presented the following recommendation from Sustainable Growth Manager Lucienne Gaufillet regarding the Marion County Water and Wastewater System Standard Developer’s Service Agreement Contract No. 10-1 with Scorpion Real Estate Investments of Marion County, LLC relating to Scorpion Racing Products: Description/Background: Scorpion Racing Products is a manufacturer of high performance precision auto parts. Scorpion has been in business since 1999 and is headquartered in Fort Lauderdale. The business has grown and adapted to changing industry, market and customer trends and needs, and has streamlined their production abilities by utilizing advanced robotic machinery in the manufacturing process. Scorpion has recently endeavored to expand their operations to Ocala and has purchased a portion of the Mark III facility. Scorpion has invested over $2.4 million in building remodeling, refitting, site improvements and infrastructure improvements to date and anticipates additional capital investments of approximately $500,000 to complete the improvements and begin operations. In upgrading these facilities, some unforeseen circumstances have arisen which have resulted in extensive delays in opening and staffing the Ocala operation. Some of the delays include accommodating right-of-way improvements to 44th Avenue, constructing a new stormwater treatment facility, construction of new electric service and bringing the building into compliance with current building code requirements. In addition, the water and service utilities, which had been owned and operated privately, were turned over to the County as part of the infrastructure improvements to 44th Avenue. As part of that agreement, the Scorpion property then incurred an additional unforeseen requirement, and associated additional construction, of connecting to County water and sewer services. Book O, Page 425

March 16, 2010 Scorpion installed the necessary infrastructure on their site, at a cost of approximately $98,000, in order to utilize the new public services. In addition, capital charges, connection fees, utility deposits, meter installation costs and connection fees were assessed to the property in the amount of $42,239.62. The assessment of these additional fees represents an additional unforeseen circumstance which is continuing to delay the opening of Scorpion Racing Products in Ocala, and subsequently obstructing the creation of additional manufacturing jobs. Originally, the intent was to pursue a traditional EDFIG grant application and subsequent funding for this project. As the details of the improvements, expenditures and plans for expansion unfolded, it became evident that the EDFIG process of review and funding was not the appropriate avenue to pursue for this entity. This was further evidenced by the FRC recommendation which was provided indicating some concern going forward for the company based on a deficiency of operating capital vs. a significant level of assets it is carrying. Scorpion has been in discussions with the City of Ocala, the EDC and Marion County staff and Administration seeking some assistance and relief to some of the issues discussed above. As a result, in cooperation with the company, the EDC, the Utilities Department and their counsel and at the direction of Administration, Staff is seeking Board approval of the attached Capital Charges Payment Plan. The plan allows for installment payments of the capital charges, deposits and meter and installation fees to be paid by the County on behalf of Scorpion, pending meeting the established performance criteria, which include the creation of at least ten (10) new full time positions. Budget Impact: Total payment plan is for $42,239.62, to be paid in five installments with completion of payments in September 2011. The funds will be allocated and paid out of dept 1020 CC-Industry Development, account 581317 Aid to Private Org – EDFIG. Recommended Action: Request approval of the attached Utility Capital Charges Payment Plan (Marion County Water and Wastewater System Standard Developers Service Agreement) agreement and authorize the Chair and the Clerk to execute the same. A motion was made by Commissioner Payton, seconded by Commissioner Amsden, to approve and execute the Marion County Water and Wastewater System Standard Developer’s Service Agreement Contract No. 10-1 with Scorpion Real Estate Investments of Marion County, LLC. The motion was unanimously approved (5-0). Contracts & Agreements/Districts/Grants/Resolutions – (9.C.) – County Administrator Niblock presented the following recommendation from Sustainable Growth Manager Gaufillet regarding the Economic Development Financial Incentive Grant (EDFIG) for Ewers Technology, Inc. doing business as (d/b/a) Fire Programs Software: Description/Background: Fire Programs Software is a technology company which develops and supports various software packages designed specifically for the fire industry, with over two thousand-three hundred (2,300) actively supported Fire Departments across the US and Canada. Currently, Fire Programs is located in Beverly Hills, FL (Citrus County) with thirteen (13) employees and conducts their sales, program development and customer support operations Page 426, Book O

March 16, 2010 there. Fire Programs has expressed an interest in relocating and expanding its existing operation to Marion County. This would entail the relocation of the existing thirteen (13) positions and the addition of at least fifteen (15) new positions over a three (3) year period. Additionally, Fire Programs has committed to investing at least $300,000 in capital investment, machinery and equipment. Relocation from Citrus to Marion County would provide the company with proximity to other fire service industry providers such as E-One and Classic Fire, enhancing the creation of a fire industry and technology cluster in Marion County and allowing for greater synergies and opportunities for that industry to continue to develop. The EDFIG application for Fire Programs Software meets all of the requirements as set forth in the EDFIG Ordinance, including the targeted industry of Computer Programming/Software Development, investing at least $300,000 in capital improvements and providing salaries of at least 115% of the average annual wage, in this case average annual salaries will be $48,303 or 135%. This represents an annual increase in direct local payroll of over $1.18 million. In addition, it is anticipated that this project will generate between 10 and 14 indirect and induced jobs representing an additional $414,000 in annual salaries locally. Two independent analyses detailing the indirect and induced benefits are attached. Fire Programs has been reviewed by the Financial Review Committee, including both the business and personal financial statements, and has received a positive recommendation with a desire for personal guarantees from the primary shareholders, as is common with a privately held company. That recommendation is included. A comprehensive incentive package has been developed for the company with participation by: Workforce Connection, Quick Response Training and Incumbent Workers Training Programs; State of Florida, Qualified Target Industry Program; the City of Ocala, Economic Investment Program and the Marion County, Economic Development Financial Incentive Grant Program. The incentive matrix is included. Staff is recommending approval of the attached Resolution approving an EDFIG award in the total amount of $28,000, which includes the 20% match to the State QTI program in the amount of $9,000 and EDFIG award of $19,000 over three years. The funding agreement will contain specific language requiring capital investment and hiring performance prior to receipt of funds and will contain the claw back provisions for non-compliance. Budget Impact: Payment made in the total amount of $28,000. The funds will be allocated and paid out of dept 1020 CC-Industry Development, account 581317 Aid to Private Org – EDFIG. Pending Marion County BCC approval, a performance based agreement with “claw-back” provisions will be coordinated with the County Attorney’s Office and the applicant. Recommended Action: Request approval to adopt a Resolution for Ewers Technology, Inc. dba Fire Programs Software for an Economic Development Financial Incentive Grant (EDFIG) in the amount of $28,000 based on the terms and conditions described above. The request is consistent with the Marion County BCC’s goals to support economic development.

Book O, Page 427

March 16, 2010 A motion was made by Commissioner Amsden, seconded by Commissioner Payton, to adopt Resolution 10-R-111 approving the EDFIG in the amount of $28,000 to Ewers Technology, Inc. d/b/a Fire Programs Software. The motion was unanimously approved (5-0). Resolution 10-R-111 was entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, FINDING THAT EWERS TECHNOLOGY, LLC DBA FIRE PROGRAMS SOFTWARE, BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO SEC. 288.106, FLORIDA STATUTES; PROVIDING AN APPROPRIATION OF UP TO $23,500, TO BE PAID OVER A THREE (3) YEAR PERIOD UPON ACHIEVEMENT OF CAPITAL INVESTMENT AND CREATION OF 15 JOBS; PROVIDING AN APPROPRIATION OF $4,500 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2011-2013; PROVIDING FOR AN EFFECTIVE DATE. Advisory Committees/Districts – (10.A.) – Clerk Ellspermann announced the results of the Commissioners’ ballots for the Marion Oaks MSTU for General Services Advisory Committee. A motion was made by Commissioner Stone, seconded by Commissioner McClain, to reappoint Carl Brigada, Ardath Cooper and Nicholas Lauer as members of the Marion Oaks MSTU for General Services Advisory Committee. The motion was unanimously approved by the Board (5-0). Advisory Committees/Ordinances – (10.B.) – Mr. Niblock noted this item was amended to approve only two of the three applicants for reappointment. Clerk Ellspermann announced the results of the Commissioners’ ballots, as corrected, for the Housing Finance Authority. A motion was made by Commissioner Amsden, seconded by Commissioner Stone, to reappoint Russell Scott Branson and Diane A. Wakeland as members of the Housing Finance Authority to four year terms expiring in March of 2014. The motion was unanimously approved by the Board (5-0). Advisory Committees – (10.C.) – Clerk Ellspermann announced the results of the Commissioners’ ballots for the Industrial Development Authority Advisory Board. A motion was made by Commissioner McClain, seconded by Commissioner Stone, to reappoint Karen W. Grider and Todd Rudnianyn as members of the Industrial Development Authority to four year terms expiring in March of 2014. The motion was unanimously approved by the Board (5-0). Commissioners/County Employees – (12.A.) – Commissioner Payton addressed the link to employee salaries on the County web site, which was approved by the Board on February 16, 2010. He noted he had given the posting of salaries a lot of thought and had received feedback from the community. Commissioner Payton opined that the posting of wages did a disservice to County employees by minimizing their value and setting them up for unfounded scrutiny. The posting of wages also put employees in a bad light with neighbors, co-workers, etc. He noted that the County had an obligation to make the information available to the public and should respond to an individual who made a legitimate request for an employee’s compensation, noting there may be some Page 428, Book O

March 16, 2010 exceptions with regard to spouses of law enforcement or fire department employees. Commissioner Payton recommended that the web site be directed to an individual appointed by the County Administrator to immediately respond to legitimate requests for an employee’s compensation. He stated it was distasteful to publish all County employees’ salaries. In response to Commissioner Stone, Mr. Fowler advised that the Board was not technically in violation by posting information regarding spouses of law enforcement officers or firefighters, however someone may construe the data as identifying a place of employment of someone who should not be made public. Commissioner Stone commented on the effect of morale in some departments due to the posting of wages. He questioned the need for a motion to reconsider previous motion before taking further action. Mr. Fowler advised that it could be done that way or the Board could simply make a motion for specific action. Commissioner McClain stated that in today’s technology age everyone wanted to access information immediately. He stated the information was available and public record, noting the issue was how to help citizens to access that data. Commissioner McClain noted there were people who (for example) were interested in the number of County vehicles, not necessarily how much money someone made and questioned how the County could help citizens access that information. He stated it was more an issue of having an individual available who could help with the process of finding the data rather than having to search for the information. Commissioner Amsden noted that he brought the issue forward and commented on Sunshine Sunday as well as celebrations of Sunshine in the Government in Tallahassee. He opined that this was an attempt to put a filtration process on public information, which was one more roadblock or hurdle. Citizens were more engaged today in their local, state and federal government and were researching more information and documentation in order to become more aware. Commissioner Amsden stated everyone working for government understood that information was public record and questioned why another hurdle should be put in place. Commissioner McClain questioned where the line should be drawn, noting the information was already available. In response to Commissioner McClain, Commissioner Amsden noted the information put on the web site was misperceived since the Board knew when someone was hired and a salary was agreed to, so the Board was aware of that salary and benefits in its totality, however there were some that only showed a partial salary rather than the full balance of the year. Commissioner McClain stated if an individual was hired during the year the following year would pick up the balance and show the full year in the next budget session. Commissioner Payton noted the inquiry would therefore be more representative of what was occurring. Commissioner Amsden stated the most provocative issue causing most of the debate was with regard to pay raises and the advance hiring of this administration, noting other Constitutional Officers understood where the community and economy was headed and as a result had not given raises, instituted furloughs and different things. He stated the citizens were the ones who were doing more with less. Commissioner Amsden stated as elected officials, the Commission must provide the leadership to reduce the size of government, dramatically reduce the budget, as well as red tape to let the free market work. He stated the only intent for placing salaries on the web site was to show transparency.

Book O, Page 429

March 16, 2010 Commissioner Payton noted he did not disagree with some of the comments made, however the workforce deserved better treatment. He briefly commented on an example of an individual who on the surface did not appear to merit that much money, but after review, showed the salary was appropriate. A motion was made by Commissioner Payton, seconded by Commissioner McClain, to remove the list of employees and their salaries and direct that web site to a designated person who would be given policy instructions that any inquiry as to wages of any employee would be answered in detail within the same business day the request was made in order to avoid misunderstanding about the wages. Commissioner McClain noted the Board was getting into a policy making issue and questioned what would be included in that inquiry (i.e., salary, benefits, car allowances, phones, etc.). Commissioner Payton stated whatever question was asked by the citizen should be provided. Chair Fitos commented on the unintended consequences, noting she questioned the process from the beginning. A number on a page with a title did not tell the entire story, which was a point she had tried to make. She stated she did not want to curtail access to the information, which was understood that it was a matter of public record. The budget contained positions and salaries as a budgeted line-item on an annualized basis and also contained information relative to benefits, all of which were numbers on a page that was not as comprehensive. The reorganization of County Administration by Mr. Niblock established the Office of Strategic Services, based on doing more with less, with the intent that it would be the link for citizens to have inquiries answered on any broad number of questions. Commissioner Payton called the question. The motion was approved by the Board, by a vote of 4-1, with Commissioner Amsden voting nay. Mr. Niblock requested clarification and whether it was acceptable to follow the public records request policy with regard to more detailed research. Commissioner McClain stated what was acceptable was whether a question could be answered immediately then it should be answered immediately; a timeline should be given for questions that need to be researched. He noted that citizens may be pointed to the information, which was available. Commissioner McClain stated email addresses should be obtained so there would be tracking and the Board could also be apprized in order to stay on top of some of those issues as well. He stated the information would have to be substantiated documentation and not filtered. Commissioner Payton stated common sense should prevail. Chair Fitos commented on the “sundown rule”, which was an accepted practice that basically said if an inquiry was received every effort would be made to satisfy that request by the end of business that same day or if more in depth research was required then the citizen must be advised with an expected timeframe, but not to ignore the request. Commissioner Payton stated it would not bode well for the Commission to receive negative feedback from citizens. Commissioner Amsden inquired as to a fee for the process created. It was the general consensus of the Board that there would be no fee, unless justified. Commissioners – (12.B.) – The Chairman acknowledged receipt of the March 2010 Commission calendar. Communications – (13.) – For information and record, the Chair acknowledged receipt of the following Notation for Record correspondence, items A and B from County Page 430, Book O

March 16, 2010 Administrator Niblock, and items C and D from Clerk Ellspermann: A. County Administrator Informational Items: 1. Present Judicial Center Expansion Update. 2. Present Growth Management Department Monthly Report for February, 2010. 3. Present letter from U.S. Department of Housing and Urban Development with Results of Annual Community Assessment, Community Development Programs (Program Year 2008 – October 1, 2008 to September 30, 2009). B. General Information Items: 1. Present letter from Commissioner Stone to Mayor of McIntosh regarding County Employee Salaries. 2. Present letter from United States Department of Agriculture, US Forest Service is proposing improvements to the Trailhead for Lake Eaton Loop and Sinkhole Trails. C. Clerk Ellspermann: 1. Present letter received from Secretary of State’s office advising that Ordinance 10-04 (Zoning) was filed. 2. Present Budgetary Financial and General Ledger Reports for month ending 02/28/10, pursuant to Chapter 136.06, Florida Statutes, including list of checks drawn on Commission accounts. Also provided are detailed reports of account balances, revenues and expenditures. 3. Present Statement of Receipts and Disbursements for the period January 1, 2009 through December 31, 2009 in accordance with Florida Statute 720.3086, received from Heritage Management Corporation regarding LPA, Inc. (Palm Cay Subdivision). 4. Present Statement of Receipts and Disbursements for the Year Ended December 31, 2009 in accordance with Florida Statute 720.3086, received from Heritage Management Corporation regarding Spruce Creek North, LLC. 5. Present Statement of Receipts and Disbursements for the period January 1, 2009 through December 31, 2009 in accordance with Florida Statute 720.3086, received from Heritage Management Corporation regarding Pine Run, LLC. 6. Present Statement of Receipts and Disbursements for the Year Ended December 31, 2009 in accordance with Florida Statute 720.3086, received from Heritage Management Corporation regarding Spruce Creek Recreation, LLC. 7. Present the Cherrywood Estates Receipt and Disbursement Report for year ending 12/31/09 in accordance with Ordinance 06-22. 8. Present the fiscal year (FY) 2008/2009 Audit Report for the Village Center Community Development District. 9. Present the fiscal year (FY) 2008/2009 Audit Report for the Village Community Development District No. 4. 10. Present the Acquisition or Disposition of Property forms authorizing changes in status, as follows: 20455, 20456, 23241, 27860, 29469, 30918, 33289, 35924, 37356, 37842, 39339, 39730, 39731, 39732, Book O, Page 431

March 16, 2010

D.

39733, 39734, 40233, 40886, 42272, 42273, 42276, 42277, 43090, 43345, 43346, a one page list from the Board of County Commissioners and a one page list from Information Technology. 11. Present Monthly Report for the Building Department Budget and Actual. 12. Present regular Report of Utilization of Reserve for Contingencies received from Budget Director Tomich. Present for information and record, minutes and notices received from the following committees and agencies: 1. Board of Adjustment – February 1, 2010. 2. Code Enforcement Board – February 10, 2010. 3. Development Review Committee – February 22, 2010. 4. Marion County Hospital District Board of Trustees – January 25, 2010. 5. Parks and Recreation Advisory Council (PRAC) – January 20, 2010. 6. Silver Springs Shores Special Tax District Advisory Council – December 10, 2009 and January 14, 2010. 7. Southwest Florida Water Management District (SWFWMD) – letter dated March 2, 2010 re: Notice of Extension of Modified Phase II Water Shortage Order (extending through June 30, 2010); and letter dated February 22, 2010 re: Southwest Florida Water Management District 2010 Consolidated Annual Report on Compact Disk (CD). (For additional information please visit the website at www.WaterMatters.org.) 8. Zoning Commission – January 25, 2010.

There was a recess at 10:49 a.m. The meeting reconvened at 2:02 p.m. with all members present, except Commissioner Stone. Ordinances/Zoning – (14.) – Deputy Clerk Bonvissuto presented Proof of Publication No. A000620058 entitled, “Notice of Intention to Consider Adoption of an Ordinance” published in the Star Banner newspaper on March 2, 2010. The Notice stated the Board would consider adopting an ordinance approving zoning changes and Special Use Permits. (Ed. Note: The “Affidavit of Publication” by the Star Banner has March 3, 2010, which should be March 2, 2010 as noted on the tear sheet.) Planning Director Jimmy Massey, Zoning Manager Sam Martsolf, Senior Planner Chris Rison, Planner Andrew Persons, Executive Staff Assistant Jan Stevens and Acting County Attorney Robert J. Fowler were present. Resolutions/Zoning – (14.B.) – 4. (Z. C. 100301SU) – Zoning Manager Samuel Martsolf advised of receipt of a letter dated March 8, 2010 from Sheriff Ed Dean requesting that the petition be withdrawn. It was noted that the request was for a Special Use Permit of the Marion County Land Development Code, Section 5.2, for the purpose of construction of a firearms training range for the Marion County Sheriff’s Office in an M-1 (Light Industrial) zone, on Parcel Account No. 34801-000-00.

Page 432, Book O

March 16, 2010 It was noted for the record that the Deputy Clerk was in receipt of email correspondence from Carol Harper, Eugene Harper and an unknown individual in opposition to the Special Use Permit request and an email from Chief of Staff Tom Wilder, MCSO, requesting that the petition be withdrawn. Resolutions/Zoning – (14.E.) – 1. (Z. C. 031216SU) – Mr. Martsolf advised that the applicant had requested a continuance at a prior Board meeting, where the Board addressed the issue. Chair Fitos concurred, noting the attorney conflict was presented at the March 2, 2010 Board meeting. By general consensus the BCC agreed that it would be in everyone’s best interest to allow the continuance. Vanessa Thomas, Forman, Hanratty and Montgomery, Attorneys at Law, East Ft. King Street, appeared on behalf of Mr. Hanratty, who represented Compost USA. She noted that at the last BCC meeting she appeared before the Board to request a continuance of this hearing as Mr. Hanratty was due to be in court under a trial subpoena in Sumter County, which was still ongoing. Mr. Hanratty had requested a continuance to the April 20, 2010 Board meeting, if possible. A motion was made by Commissioner Payton, seconded by Commissioner Amsden, to continue the Request for Revocation of Special Use Permit 031216SU, Resolution 03-R-406, issued to Earthmovers, Inc. (Donald Lee, Owner; Craig Conrad, Applicant/Agent), on December 16, 2003; current owner Craig Conrad Enterprises, Inc; current occupant Compost USA, to Tuesday, April 20, 2010 at 2:00 p.m. The motion was unanimously approved by the Board (4-0). Ordinances/Zoning – (14.A.) – Zoning Manager Martsolf advised that three (3) petitions listed on the consent agenda were recommended for approval by both the Planning Department and Zoning Commission. He stated the consent agenda item would be acted on in one motion. It was noted that the Zoning Commission recommended approval, as follows: Motion by Mr. Fell, seconded by Mr. Finn, to recommend approval of the Consent Agenda consisting of the following three (3) items: ITEM NUMBER OWNER FROM-TO 1. 100302Z Michael S. Hibbs B-4 to A-1 2. 100306Z Silver Springs Order of the Moose, Lodge #1199 P-RV to B-4 3. 100307SU Greater Ocala Dog Club, Inc. Special Use Permit in A-1

ACREAGE .48 of 2.5 3.98 40.0

Motion passed 7 to 0. There was no public comment. A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to approve (the above) consent agenda items 14.A.1. through 3., based on Planning Department staff and Zoning Commission findings and recommendations that the proposed uses were compatible with the surrounding land uses, were consistent with the Comprehensive Plan and would not adversely affect the public interest. The motion was unanimously approved by the Board (4-0). The motion approved the consent agenda item as follows: Zoning – (14.A.) – 1. – (Zoning Commission 100302Z – Consent) – The Board granted a petition by Michael S. Hibbs, 3440 NE 175th Street Road, Citra, FL, requesting a Zoning Change of the Marion County Land Development Code, Article 5, Book O, Page 433

March 16, 2010 from B-4 (Regional Business) Conditional to A-1 (General Agriculture), pursuant to conditions imposed from 1986 Resolution No. 86-R-64, which states that the property will revert back to A-1 if sold, for any use permitted in an A-1 zone, on Parcel Account No. 03814-004-01. Zoning – (14.A.) – 2. – (Z. C. 100306Z – Consent) – The Board granted a petition by the Silver Springs Order of the Moose, Lodge #1199, (Jim Magnuson), 7165 SE Maricamp Road, Ocala, FL, requesting a Zoning Change of the Marion County Land Development Code, Article 5, from P-RV (Recreational Vehicle Park) to B-4 (Regional Business) to allow construction of a 20,000 square foot medical office building, and any other use permitted in a B-4 zone, on Parcel Account No. 9007-0100-33. Resolutions/Zoning – (14.A.) – 3. – (Z. C. 100307SU – Consent) – The Board adopted Resolution 10-R-112 granting a petition by the Greater Ocala Dog Club, Inc., P.O. Box 1253, Ocala, FL, requesting a Special Use Permit of the Marion County Land Development Code, Section 5.2 , for the purpose of installation of electrical services for 145 RV occupancy sites to be used only in conjunction with scheduled dog show events in an A-1 (General Agriculture) zone, on Parcel Account Nos. 12686-001-00, 12686003-00 and 12686-003-01. Resolution 10-R-112 contained the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. Use of the RV facilities and parking spaces shall be permitted only in conjunction with the presentation of dog shows. 3. Operation of the site for dog shows and any associated RV parking shall be limited to a maximum of 60 days per calendar year. 4. Prior to commencement of any dog show events, the owner shall notify the Marion County Zoning Division, Fire Services and the Public Information Officer in writing a minimum of 10 working days in advance, and provide the event title/name, duration, and estimated number of visitors for the event along with an event coordinator name and contact information. 5. A Special Use Permit shall be obtained for any other events held on-site not consistent with this Special Use Permit approval. 6. The development and construction of RV facilities is limited to the provision of electrical utility services and supporting driveway/parking improvements only. No other utility services for the RV facilities (e.g., sanitary sewer or potable water) shall be provided. 7. The ingress/egress shall be from NW Gainesville Rd. using a paved driveway apron. Within thirty (30) days of approval of this Special Use Permit, the applicant shall contact the Marion County Transportation Department to establish how access will be provided to the site and determine the type and extent of driveway apron and/or other driveway apron improvements required, including obtaining any necessary R/W Permit(s). Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed within one hundred eighty (180) days of approval of this Special Use Permit.

Page 434, Book O

March 16, 2010 8.

9. 10.

11.

A Type “E” Buffer (minimum 5’ wide, minimum 4 trees per 100 LF, and a continuous double-staggered hedgerow to be 60” high in 2 years) shall be provided along the subject property’s NW Gainesville Road frontage. Existing vegetation along the property’s frontage may be used to satisfy the buffering requirements with additional vegetation planting provided to “fill-in” gaps, etc. in the existing vegetation. This Special Use Permit shall run with the owner/operator and not the property. The Special Exception #11-86-06 (Item #6), granted on November 3rd, 1986 by the Marion County Board of Adjustment is hereby repealed and replaced by this Special Use Permit. This Special Use Permit for dog shows and any associated RV parking shall expire on March 16, 2015. The applicant may submit a new Special Use Permit Application for consideration to renew and extend the authorization in the future.

Zoning – (14.B.) – 1. (Z. C. 100303Z) – The Board considered the petition by Marion County (Parks Department), 601 SE 25th Avenue, Ocala, FL, requesting a Zoning Change of the Marion County Land Development Code, Article 5, from B-2 (Community Business) to G-U (Government Use) to be utilized in conjunction with existing Heagy-Burry boat ramp park with grass overflow parking, on Parcel Account Nos. 02786-003-01, 02786-005-00, 02786-005-01 and 02908-001-00 along with agenda item 14.B.2. Located: US 441 north to NW 191st Place in Orange Lake, turn right. The properties surround existing Heagy-Burry Park. PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 20 = 0%. ZONING COMMISSION RECOMMENDATION: Motion made by Mr. Finn, seconded by Mr. Gaekwad to agree with staff findings and recommendation and recommend approval of items 100303Z and 100304SU, based on the following findings of fact: 1. Are compatible with the surrounding land uses. 2. Are consistent with the Marion County Comprehensive Plan. 3. Will not adversely affect the public interest. Motion passed 7 to 0. (Ed. Note: Refer to item 14.B.2 (Z. C. 100304SU) for discussion and motion.) Resolutions/Zoning – (14.B.) – 2. (Z. C. 100304SU) – The Board considered a petition by Marion County (Parks Department), 601 SE 25th Avenue, Ocala, FL, requesting a Special Use Permit of the Marion County Land Development Code, Section 5.3, for the purpose of utilizing properties surrounding existing Heagy-Burry boat ramp for park and overflow parking in a G-U (Government Use) zone, on Parcel Account Nos. 02786-003-01, 02786-005-00, 02786-005-01 and 02908-001-00. Located: US 441 north to NW 191st Place in Orange Lake, turn right. The properties surround existing Heagy-Burry Park. PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 20 = 0%. ZONING COMMISSION RECOMMENDATION: Motion made by Mr. Finn, seconded by Mr. Gaekwad to agree with staff findings and recommendation and

Book O, Page 435

March 16, 2010 recommend approval of items 100303Z and 100304SU, based on the following findings of fact: 1. Are compatible with the surrounding land uses. 2. Are consistent with the Marion County Comprehensive Plan. 3. Will not adversely affect the public interest. Motion passed 7 to 0. Senior Planner Rison noted this was a concurrent rezoning and Special Use Permit request for the Heagy-Burry Park site on Orange Lake. The rezoning was requested to establish and expand the park facilities to provide overflow parking for the boat ramp. He stated Planning Department staff and the Zoning Commission both recommended approval of the rezoning and Special Use Permit with the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. Existing vegetation shall be maintained within the first 25’ of the perimeter of the overflow parking area as depicted on the concept plan, including maintaining the large undisturbed karst feature area along the east boundary abutting Parcel ID #02786-003-00. 3. The ingress/egress shall be from NW 191st Place using a paved driveway apron. Within thirty (30) days of approval of this Special Use Permit, the applicant shall contact the Marion County Transportation Department to establish how access will be provided to the site and determine the type and extent of driveway apron and/or other driveway apron improvements required, including obtaining any necessary R/W Permit(s). Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed within one hundred eighty (180) days of approval of this Special Use Permit. 4. The Special Use Permit is subject to use and operation of the site as part of the overall Heagy-Burry Park boat ramp operation. This Special Use Permit shall expire and terminate in the event the Heagy-Burry Park boat ramp operation is closed and/or terminated. 5. The Special Use Permit shall run with the property owner and not with the property. Parks and Recreation Director Gina Peebles was present. There was no public comment. In response to Commissioner Payton, Mr. Fowler advised that both agenda items, 14.B.1. and 14.B.2., could be disposed of in one motion. A motion was made by Commissioner Payton, seconded by Commissioner McClain, to approve the Zoning Change from B-2 to G-U and adopt Resolution 10-R113 granting Special Use Permit, with Conditions 1 through 5 (as noted above), based on findings and recommendations that the proposed use was compatible with surrounding land uses, was consistent with the Comprehensive Plan and would not adversely affect the public interest. The motion was unanimously approved by the Board (4-0). Resolutions/Zoning – (14.B.) – 3. (Z. C. 100305SU) – The Board considered a petition by C. A. Correia USA, Inc., 5192 Cambay Street, North Port, FL, requesting a Page 436, Book O

March 16, 2010 Special Use Permit of the Marion County Land Development Code, Section 5.3, for the purpose of a winery and personal residence in a B-4 (Regional Business) zone, on Parcel Account No. 02118-001-00. Located: US 441 north through McIntosh to the subject property on the left at Harvest Village, 22050 North US Hwy 441. PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 1 OF 8 = 0.12%. ZONING COMMISSION RECOMMENDATION: Motion made by Mr. Fell, seconded by Mr. Gaekwad to agree with staff findings and recommendation and recommend approval based on the following findings of fact: 1. Is compatible with the surrounding land uses. 2. Is consistent with the Marion County Comprehensive Plan. 3. Will not adversely affect the public interest. Motion passed 7 to 0. Senior Planner Rison stated Planning Department staff and the Zoning Commission both recommended approval with the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. Prior to commencing operation of the winery on the subject property, the applicant shall undergo any change-of-use review processes for the subject property (Zoning, Transportation, Impact Fees, Building Permit, etc.) and complete any required updates or modifications. 3. The winery operation and personal residence shall utilize the existing structures on the property. 4. The Special Use Permit shall run with the owner/operator and not the property. 5. The Special Use Permit shall expire March 16, 2013. The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future. The applicant was not present. There was no public comment. Commissioner McClain noted the applicant was not present and questioned whether they were agreeable with the expiration date in Condition No. 5. Mr. Rison advised that was what the applicant had indicated to staff. A motion was made by Commissioner Amsden, seconded by Commissioner McClain, to adopt Resolution 10-R-114 granting the Special Use Permit, with Conditions 1 through 5 (as noted above), based on Planning Department staff and the Zoning Commission findings and recommendations that the proposed use was compatible with surrounding land uses, was consistent with the Comprehensive Plan and would not adversely affect the public interest. The motion was unanimously approved by the Board (4-0). Subdivisions/Zoning – (14.D.1.) – Senior Planner Rison advised that Development Review Committee (DRC) Chairman Mounir Bouyounes was unable to appear, but had presented the following recommendation to approve the family division waiver as requested by Rufus and Chauna Johnston regarding Parcel No. 35699-01201: Description/Background: The Development Review Committee considered a waiver request to allow for a family division. The owner requests the family Book O, Page 437

March 16, 2010 division to divide this property into two pieces and sell one parcel to a sibling as his primary residence. Both parcels will exceed one acre and a non-exclusive easement will be granted for access. The property is located in the southwest and is 5.63 acres in size with one single family residence and one mobile home. DRC action on February 15, 2010, by a vote of 5-0, was to approve the waiver request subject to providing for the 20 foot right-of-way easement across the flag extending from 38th Avenue west to the western boundary line, all resulting parcels will use a single shared driveway, connecting to central water and sewer systems one day when they are available, and no family or guest cottages will be permitted on any parcels resulting from this family division. Budget Impact: N/A. Recommended Action: Motion to uphold the Development Review Committee’s approval of the family division waiver request. Mr. Rison commented on the request and DRC recommendation for approval. The applicant was present and advised that she would wait until after public comment to address the Board. Upon call for public comment, Douglas Shearer, SE 85th Street, noted he was opposed to flag lots with 20 foot easements when the law required a 40 foot easement, which was a matter of public safety. Chauna Johnston, applicant, stated all lots on the south end currently utilized her driveway, which created no hazard. She advised that the property would be split off to her brother-in-law who currently lived on the property and used the driveway. A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to agree with the DRC and approve the family division, subject to providing for the 20 foot right-of-way easement across the flag extending from 38th Avenue west to the western boundary line, all resulting parcels will use a single shared driveway, connecting to central water and sewer systems when available, and no family or guest cottages. Commissioner Amsden inquired if it was typical that the lots were sold to siblings and how it was addressed by the title company. Mr. Rison advised that under the provisions of the Comprehensive Plan and Code the applicants were required to convey the property to an immediate family member, noting brother-in-law was an acceptable member. He noted the title was conveyed to the family member and staff did not become involved with the sale of the property. Commissioner Amsden questioned if the title company saw the family division as a break out of the whole parcel. Mr. Rison stated that was staff’s understanding as the property was assigned a new parcel identification (ID) number. The motion was unanimously approved by the Board (4-0). Subdivisions/Zoning – (14.D.2.) – Senior Planner Rison advised that DRC Chairman Bouyounes was unable to appear, but had presented the following recommendation to approve the family division waiver as requested by Lisa Olaivar regarding Parcel No. 07399-007-03: Description/Background: The Development Review Committee considered a waiver request to allow for a family division. The owner requests the family division because she is selling one acre of her parcel to one of her family members. The property is located in the northwest and is 2.87 acres in size with two mobile homes. Page 438, Book O

March 16, 2010 DRC action on February 22, 2010, by a vote of 5-0, was to approve the waiver request subject to a 1.2 acre parcel, one single shared driveway, central water and sewer when it becomes available, and no family or guest cottages on the parcel or resulting parcels. Budget Impact: N/A. Recommended Action: Motion to uphold the Development Review Committee’s approval of the family division waiver request. Mr. Rison commented on the request and DRC recommendation for approval. The applicant was present and stated she would wait until after public comment to address the Board. Upon call for public comment, Douglas Shearer, SE 85th Street, commented on the narrow entrance and stated the County was setting a bad example by waiving the 40 foot easement required by law and allowing a 20 foot easement as it was a matter of public safety. Lisa Olaivar, applicant, was present and stated the property had been like it was for a long time, even before she moved onto the parcel. She stated she wanted to sell the property to her niece. A motion was made by Commissioner McClain, seconded by Commissioner Payton, to agree with the DRC and approve the family division, subject to a 1.2 acre parcel, one single shared driveway, central water and sewer when it becomes available, and no family or guest cottages on the parcel or resulting parcels. The motion was unanimously approved by the Board (4-0). Subdivisions/Zoning – (14.D.3.) – Senior Planner Rison advised that DRC Chairman Bouyounes was unable to appear, but had presented the following recommendation to approve the family division waiver as requested by Wendy Mullins regarding Parcel No. 08399-003-00: Description/Background: The Development Review Committee considered a waiver request to allow for a family division. The owner requests the family division because she would like to deed her brother five acres of her property through the family division. The division will conform to other similar sized acreage in the surrounding areas to this property. The property is located in the northeast and is 11.7 acres in size with one single family residence. DRC action on February 15, 2010, by a vote of 5-0, was to approve the waiver request subject to a right-of-way easement conveyance for 25th Avenue to extend 40 feet from the existing pavement centerline, all parcels will use a single shared driveway, resulting parcels will connect to central water and sewer when it becomes available, and no family or guest cottages will be permitted for either resulting parcel. Budget Impact: N/A. Recommended Action: Motion to uphold the Development Review Committee's approval of the family division waiver request. Mr. Rison commented on the request and DRC recommendation for approval. The applicant was present. There was no public comment. The applicant advised from his seat in the audience that he had nothing further to add.

Book O, Page 439

March 16, 2010 A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to agree with the DRC and approve the family division, subject to a right-ofway easement conveyance for 25th Avenue to extend 40 feet from the existing pavement centerline, all parcels will use a single shared driveway, resulting parcels will connect to central water and sewer when it becomes available, and no family or guest cottages will be permitted for either resulting parcel. The motion was unanimously approved by the Board (4-0). Resolutions/Zoning – (14.C.) – 1. (Z. C. 100204SU) – Mr. Rison noted that this issue was continued from the February 16, 2010 meeting. He noted Jimmy Gooding represented the petition by SBI Group, LLC, 588 NE 58th Street, Miami, FL, requesting a Special Use Permit of the Marion County Land Development Code, Sections 4.1-4.6 and 7.5.3, for the purpose of allowing residential property to be utilized for location of subdivision entrance sign in an R-1 (Single Family Dwelling) zone, on Parcel Account No. 9038-1287-02. Mr. Rison advised that staff received additional information from the applicant, however he did not see Mr. Gooding in the audience. He stated there may have been some confusion, noting a request to withdraw the petition had not been received. The applicant was pursuing the matter with a neighboring property owner for the billboard. Chair Fitos inquired as to the normal protocol in such instances. Mr. Fowler stated a continuance would be in order. Mr. Rison advised that he was in receipt of an e-mail from Mr. Gooding, which provided additional information and also referenced that discussions were occurring with the commercial property owner as to the possibility of using the site. A motion was made by Commissioner McClain, seconded by Commissioner Amsden, to continue the matter to Tuesday, April 20, 2010 at 2:00 p.m. The motion was unanimously approved by the Board (4-0). Ordinances/Zoning – The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Zoning Manager Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting. Upon motion of Commissioner McClain, seconded by Commissioner Amsden, the Board adopted Ordinance 10-05 amending the Marion County Zoning Map pursuant to petitions heard earlier in the public hearing, and entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE. Ordinances/Road Improvements/Subdivisions – Mr. Fowler advised of an item he needed to address. He noted there were two Special Acts in the Legislature this year, which would repeal two previous Special Acts that were enacted in 1985. Those Special Acts were proceeding through the legislative process and were scheduled to go before a committee that considers local bills tomorrow. The committee had a problem with Section 2 of the Special Acts. Section 1 provides for repeal and Section 2 was the curative language that validated any previous special assessments that the County imposed. The Bills could progress through the committee without Section 2 language Page 440, Book O

March 16, 2010 and there was no alternative language that could be included in Section 2 that would satisfy the committee, who wanted to proceed with Section 1. Mr. Fowler stated he needed to confirm with legislative staff; that the County would like to proceed with the Special Acts providing for repeal only. His recommendation was for the Board to concur. He commented on contact with those in Tallahassee to see if there was anything that could be salvaged with regard to Section 2; however it did not appear that it would be possible. Mr. Fowler strongly urged the Board to allow staff to continue to have the Special Acts progress through the legislature, even without Section 2. Commissioner McClain inquired whether Section 2 had curative language for past assessments. Mr. Fowler concurred. He stated the committee was not comfortable with the language as it appeared as though the legislature had done something wrong in the past. Chair Fitos questioned if there would be no negative impact on anything locally. Mr. Fowler advised that it would affect the County, but the important thing was to get those Special Acts repealed. He noted the impact if there was no curative language, but it would be minimized, if possible, as it was much better to have the legislature proceed even without Section 2. In response to Commissioner McClain, Mr. Fowler advised that Section 2 was being stricken from the Bill. Mr. Fowler advised that he was told that substitute Bills prepared and submitted to the committee would not include Section 2 and the committee would consider those sometime next week. He stated he had spoken with the County’s counsel regarding litigation, who recommended proceeding with the appeal only, if there was no choice. Commissioner Payton noted he would like to have the curative language, yet had reservations with it in the first place, which had become a legal issue and something to be decided by the courts rather than legislation. Mr. Fowler noted that even with the curative acts there was no guarantee. He stated he did not need any specific action from the Board, but wanted to advise as to the status and how staff intended to proceed. Commissioner McClain noted the Board had its work cut out and stated he would be in Tallahassee on Wednesday and Thursday. He stated he understood the curative action point, but noted there was always curative action to anything. Commissioner Payton advised that he had his full support. Commissioners/Hospitals – Chair Fitos addressed an additional point of order, noting she had just received a confirmation email from Stacy Westbrook confirming a joint meeting for Tuesday, April 13, 2010 from 1:00 p.m. to 4:00 p.m. at the Auxiliary Conference Center. She advised that she would ensure the item was placed on the April 6, 2010 agenda for formal action. Commissioner McClain inquired as to who would set the agenda. Chair Fitos stated the Board could establish any specific agenda items it wished to have covered at the workshop. She noted the Hospital Board of Trustees would be presenting more of its final summary of what action steps they were recommending and taking. Chair Fitos noted the Hospital Board of Trustees had one final meeting before the workshop would occur. Commissioner Amsden requested clarification as there were two living documents that he had heard the Trustee refer to: 1) the Special Legislative Act of 2008; and 2) the Stipulation Agreement, which has had two amendments. He noted Book O, Page 441

March 16, 2010 there was nothing in the court record for the two amendments showing they had been taken back before a judge and ratified. Commissioner Amsden noted the original Stipulation Agreement was the result of a law suit settlement. He questioned whether the two current amendments were legal and if they had been ratified by a judge, if they need to be ratified by a judge, or if they operated by the 2008 legislative act. Chair Fitos stated she would make sure those questions were raised and answered. Subdivisions/Zoning – Commissioner Payton questioned whether applicants were required to sign an affidavit attesting that those were truly family members when applying for a family division. Mr. Martsolf advised that affidavits were signed. There being no further business to come before the Board, the meeting thereupon adjourned at 2:33 p.m.

________________________________ Barbara Fitos, Chair Attest:

_______________________________ David R. Ellspermann, Clerk Adopted by the Board of County Commissioners on Tuesday, April 6, 2010.

Page 442, Book O