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Page 1 of 21 REGULAR MEETING BOARD OF COUNTY COMMISSIONERS JULY 22, 2014 The Board of Sumter County Commissioners (Board) convened in regular session on this Tuesday, July 22, 2014, at The Villages, Florida, with the following members present to wit: Al Butler, Chairman, District No. 1; Doug Gilpin, District No. 2; Don Burgess, District No. 3; Garry Breeden, 2nd Vice Chairman, District No. 4; and Don Hahnfeldt, Vice Chairman, District No. 5. The following individuals were also present and acting in their respective official capacities: Bradley Arnold, County Administrator; Bill Kleinsorge, Finance Director; Connie Webb, Deputy Clerk; and George Angeliadis of The Hogan Law Firm, Attorneys for the Board. Commissioner Butler called the meeting to order at 5:00 p.m. with the invocation given by Commissioner Gilpin followed by the flag salute led by Commissioner Burgess. 1. TIMED ITEMS AND PUBLIC HEARINGS a. 5:30 PM - Public Hearing - Zoning and Adjustment Board recom- mendations and/or Development Review Committee recommendations *Quasi Judicial Hearing Commissioner Butler called for a public hearing to consider the recommendations of the Zoning and Adjustment Board (ZAB) and/or Development Review Committee (DRC). Proof of Publication, as advertised, filed herewith. Commissioner Butler advised that "If you plan to speak during any of the public hearings on an item listed under number 1 of the agenda which is marked with an asterisk, indicating it is quasi judicial in nature, please rise and be sworn." Those responding were sworn in by Connie Webb, Deputy Clerk. Commissioner Butler reminded the audience that "only competent, substantial, fact based testimony or evidence will be considered by the Board in deciding the quasi judicial matters listed on today's agenda. Pure speculation or opinion, not based on competent facts, cannot be legally considered by the Board in weighing the appropriateness of the quasi judicial application. If you intend to speak on an item marked "quasi judicial," please keep this in mind. Finally, before addressing the Board, and in order to keep the public record accurate, state your name, address and whether or not you have been sworn when you approach the podium to speak on a quasi judicial matter." Karl Holley, Development Services Director, presented the following item(s) for consideration. 1. *R2014-0013 - Rezone 11.72 acres MOL from A5 to RR5C and RR2.5C to complete lineal transfers - Robert Sr. and Edith Wolf - CR 245D/Oxford. Commissioner Butler polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Breeden - none;

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Page 1: REGULAR MEETING BOARD OF COUNTY COMMISSIONERS JULY 22, 2014sumterclerk.granicus.com/DocumentViewer.php?file=sumter... · 2014. 8. 15. · 2014 (Staff recommends approval). 07-22-14-3-a-1

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REGULAR MEETING BOARD OF COUNTY COMMISSIONERS JULY 22, 2014

The Board of Sumter County Commissioners (Board) convened in regular session on this Tuesday, July 22, 2014, at The Villages, Florida, with the following members present to wit: Al Butler, Chairman, District No. 1; Doug Gilpin, District No. 2; Don Burgess, District No. 3; Garry Breeden, 2nd Vice Chairman, District No. 4; and Don Hahnfeldt, Vice Chairman, District No. 5. The following individuals were also present and acting in their respective official capacities: Bradley Arnold, County Administrator; Bill Kleinsorge, Finance Director; Connie Webb, Deputy Clerk; and George Angeliadis of The Hogan Law Firm, Attorneys for the Board. Commissioner Butler called the meeting to order at 5:00 p.m. with the invocation given by Commissioner Gilpin followed by the flag salute led by Commissioner Burgess. 1. TIMED ITEMS AND PUBLIC HEARINGS

a. 5:30 PM - Public Hearing - Zoning and Adjustment Board recom-mendations and/or Development Review Committee recommendations *Quasi Judicial Hearing

Commissioner Butler called for a public hearing to consider the recommendations of the Zoning and Adjustment Board (ZAB) and/or Development Review Committee (DRC). Proof of Publication, as advertised, filed herewith. Commissioner Butler advised that "If you plan to speak during any of the public hearings on an item listed under number 1 of the agenda which is marked with an asterisk, indicating it is quasi judicial in nature, please rise and be sworn." Those responding were sworn in by Connie Webb, Deputy Clerk. Commissioner Butler reminded the audience that "only competent, substantial, fact based testimony or evidence will be considered by the Board in deciding the quasi judicial matters listed on today's agenda. Pure speculation or opinion, not based on competent facts, cannot be legally considered by the Board in weighing the appropriateness of the quasi judicial application. If you intend to speak on an item marked "quasi judicial," please keep this in mind. Finally, before addressing the Board, and in order to keep the public record accurate, state your name, address and whether or not you have been sworn when you approach the podium to speak on a quasi judicial matter."

Karl Holley, Development Services Director, presented the following item(s) for consideration.

1. *R2014-0013 - Rezone 11.72 acres MOL from A5 to RR5C and RR2.5C

to complete lineal transfers - Robert Sr. and Edith Wolf - CR 245D/Oxford.

Commissioner Butler polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Breeden - none;

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Commissioner Burgess - none; Commissioner Gilpin - none; Commissioner Hahnfeldt - none; and Commissioner Butler - none.

The applicants, Robert Wolf, Sr. and Edith Wolf, are requesting to rezone 11.72 acres MOL from A5 to RR5C and RR2.5C to complete lineal transfers from parents to children. There were six notices sent with none being returned. The lineal transfers are consistent with the lineal transfer requirements of Section 13.308(a)(1) of the Land Development Code. The ZAB recommended approval by a vote of 5-0.

PUBLIC - There was no public input.

07-22-14-1-a-1 Commissioner Gilpin moved, with a second by Commissioner Breeden, to approve R2014-0013 - Application by Robert Sr. and Edith Wolf to rezone 11.72 acres MOL from A5 to RR5C and RR2.5C to complete lineal transfers and adopt the related resolution (2014-24) . The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and evidence. The motion carried unanimously 5 – 0. 2. REPORTS AND INPUT

a. Proclamation celebrating Smokey Bear's 70th Birthday

Commissioner Butler read into the record a proclamation recognizing August 9, 2014 as Smokey Bear's 70th Birthday. Smokey Bear, along with Sarah Stewart and Kawika Bailey from the Florida Forest Service, were present to accept the proclamation. Mr. Bailey provided an information package to Staff on behalf of Smokey Bear.

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b. County Administrator

Bradley Arnold, County Administrator, presented the following items for information and/or direction.

1. Significant Schedule of Items (For Information Only)

Mr. Arnold reminded the Commissioners of the 5th Tuesday meeting scheduled for July 29, 2014 at the Colony Cottage location.

07-22-14-2-b-1

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2. Animal Services Monthly Report for June 2014 (For Information Only)

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3. Sumter County Library Services Monthly Report - June 2014 (For Information Only)

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4. Sumter County Transit Monthly Report - June 2014 (For Information Only)

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5. Department Surveys for June 2014 (For Information Only)

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6. Professional Probation Services Sumter County Office Audit (For Information Only)

07-22-14-2-b-6

7. Agromillora Report (For Information Only)

Mr. Arnold advised that Agromillora is a company that is looking to locate in Sumter County.

07-22-14-2-b-7

8. Certificate of Participation, Edward Byrne Memorial, Justice Assistance Grant (For Information Only)

The Florida Department of Law Enforcement (FDLE) has set aside $46,176 in funds for use by all units of government within Sumter County. This Certificate of Participation advises the Board's acceptance of the invitation to serve as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant Program.

07-22-14-2-b-8

9. Florida Department of Environmental Protection Site Inspection Report of Sumter County Closed Class I Landfill (For Information Only)

07-22-14-2-b-9

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10. Florida Department of Revenue Certification of Taxable Value (For

Information Only)

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11. Florida Department of Revenue Property Appraiser Budget Review (For Information Only)

07-22-14-2-b-11

12. Florida Department of Transportation Approval and Maintenance Agreement for traffic signaling at CR470 and I-75 widening project (For Information Only)

This letter is notification from FDOT of two new traffic signals for the I-75 Northbound and Southbound Ramps at CR470 to be installed as part of the I-75 Widening Project.

07-22-14-2-b-12

13. Florida Model Jail Standards Inspection of the Sumter County Detention Center Report (For Information Only)

07-22-14-2-b-13

14. Letter of notification reference the City of Wildwood's intent to annex Parcel D17=034 (For Information Only)

Sumter County is currently under contract to sell this property to AutoZone Stores, Inc. It is the site of the old Oxford Fire Station.

07-22-14-2-b-14

15. Letter of notification reference the City of Bushnell's Public Notice of Annexation/Ordinance 2014-29 Parcel J13B198 (For Information Only)

This property is currently owned by William Alan Robinson and Tonya Robinson.

07-22-14-2-b-15

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16. Villages Community Development Districts, Sumter Landing Community

Development District, Village Center Community Development District, Brownwood Community Development Districts Memorandum from District Counsel on Parking (For Information Only)

This memorandum is in response to the inquiry "Do the Districts have jurisdiction to regulate parking on right-of-ways and dedicated parking areas within their respective boundaries?" Mr. Arnold gave a brief summary of the memorandum.

07-22-14-2-b-16

17. Contemplated revision to the Employee Manual, Section 8.060 - Tobacco Free Policy or establishing differential premiums in the health plan for tobacco users.(For information only)

Mr. Arnold advised that this will be discussed at the January 2015 workshop on employee benefits.

07-22-14-2-b-17

18. Florida Forest Service and the Management Plan Advisory Group for the Withlacoochee State Forest notice of a public meeting August 26, 2014 (For Information Only)

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c. County Attorney - No report.

d. Clerk of Circuit Court - No report.

e. Board Members

1. Commissioner Gilpin

Commissioner Gilpin thanked the Forestry Service and Smokey Bear for their attendance at the meeting.

2. Commissioner Breeden

Commissioner Breeden advised that he had attended the Withlacoochee Regional Planning Council (WRPC) meeting on July 17, 2014. At that meeting the Executive Director gave a report basically giving political views that Commissioner Breeden felt were inappropriate in the surroundings. Because of this, Commissioner Breeden no longer feels comfortable sitting on this Council and requested the Board release him from this appointment. During lengthy

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discussion Commissioner Hahnfeldt, who also serves on the WRPC, advised that he would remain as Sumter County's representative at the current time to avoid any negative issues the County might encounter if there was no representation from Sumter County. Mr. Arnold, as requested by the Board, will prepare a letter to the WRPC advising of the Board's concerns with this situation and advising of Commissioner Breeden's withdrawal.

3. Commissioner Burgess - No report.

4. Commissioner Hahnfeldt

Commissioner Hahnfeldt commented on all the positive items presented in the County Administrator's Report.

5. Commissioner Butler

Commissioner Butler advised that he attended the Withlacoochee Regional Water Supply Authority (WRWSA) meeting last week and they approved the Water Plan through 2035 with the summation that there are substantial water resources in this area with the exception of one area in Marion County.

f. Public Forum

There was no public input this evening. 3. NEW BUSINESS - ACTION REQUIRED

a. MINUTES

1. Minutes of Budget Workshop Meetings held on July 2, 2014 and July 3, 2014 (Staff recommends approval).

07-22-14-3-a-1 Commissioner Breeden moved, with a second by Commissioner Hahnfeldt, to approve the minutes of the Budget Workshop Meetings held on July 2, 2014 and July 3, 2014. The motion carried unanimously 5 – 0.

2. Minutes of Regular Meeting held on June 24, 2014 (Staff recommends approval).

07-22-14-3-a-2 Commissioner Burgess moved, with a second by Commissioner Hahnfeldt, to approve the minutes of the Regular Meeting held on June 24, 2014. The motion carried unanimously 5 – 0.

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3. Minutes of Regular Meeting held on July 8, 2014 (Staff recommends

approval).

07-22-14-3-a-3 Commissioner Burgess moved, with a second by Commissioner Hahnfeldt, to approve the minutes of the Regular Meeting held on July 8, 2014. The motion carried unanimously 5 – 0.

b. FUTURE PUBLIC HEARINGS OR MEETINGS

1. Set Public Hearing to Amend Section 21-1 of the Sumter County Code of Ordinances to Update Reference to the Appropriate Section of the Florida Administrative Code Related to Regulations for Open Burning of Waste, on August 11, 2014 at 5:00 PM at the Sumter County Courthouse Historic Courtroom, Located at 215 E. McCollum Ave., Bushnell, Florida. (Staff recommends approval)

CLERK'S NOTE: Mr. Arnold advised that the correct date for the Public Hearing is August 12, 2014.

07-22-14-3-b-1 Commissioner Gilpin moved, with a second by Commissioner Breeden, to approve setting a Public Hearing to Amend Section 21-1 of the Sumter County Code of Ordinances to Update Reference to the Appropriate Section of the Florida Administrative Code Related to Regulations for Open Burning of Waste, on August 12, 2014 at 5:00 PM at the Sumter County Courthouse Historic Courtroom, Located at 215 E. McCollum Ave., Bushnell, Florida. The motion carried unanimously 5 – 0.

c. APPOINTMENTS

1. Membership Appointment of a Commissioner to the Florida Forest Service Management Plan Advisory Group (MPAG) (Board's Option)

The Florida Forest Service is looking for a local elected official from each county to serve on the statutorily-required (FS 259.032(10)) Management Plan Advisory Group (MPAG) to provide input on the Ten Year Resource Management Plan for the Withlacoochee State Forest. A large portion of the Withlacoochee State Forest is located in Sumter County and the Forest Service would like to receive input from local elected officials for proposed management activities.

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Commissioner Gilpin moved, with a second by Commissioner Butler, to approve the appointment of Commissioner Garry Breeden to the Florida Forest Service Management Plan Advisory Group (MPAG). The motion carried unanimously 5 – 0.

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2. Construction Industry Licensing Board vacancy (Board's Option).

No action taken.

07-22-14-3-c-2

3. Enterprise Zone Development Agency Committee vacancies (Board's Option).

No action taken.

07-22-14-3-c-3

4. Fire Prevention Code- Board of Appeals vacancy (Board's Option).

No action taken.

07-22-14-3-c-4

5. Sumter County Tourist Development Council vacancy (Board's Option).

No action taken.

07-22-14-3-c-5

d. FINANCIAL

1. Change Order Request to Purchase Order No. 9104819 (Staff recommends approval).

The purpose of this change order to increase Purchase Order 9104819 (Tangent Media) by $32,000 is to cover FY 2013/2014 invoices for Sumter County Tourism promotion events and Tourism website maintenance.

07-22-14-3-d-1

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2. Change Order Request to Purchase Order No. 9105335 (Staff

recommends approval).

The purpose of this change order to increase Purchase Order 9105335 (R. George & Associates, Inc.) by $194,743.67 is to cover the purchase of library furniture through the state contract per quotes provided for the Belvedere Library.

07-22-14-3-d-2

3. Purchase Order Approval (Staff recommends approval).

The following open purchase requisitions are being considered for approval: #00006630 (Advanced Xerographics Imaging - $26,000.00); #00006684 (Univ of Fla Board of Trustees - $86,598.63); #00006701 (Volkert, Inc. - $45,760.00); #00006665 (Lunz Prebor Fowler Architects - $30,875.00); #00006713 (Southern Bleacher Company - $53,966.00); #00006644 (AK Associates - $29,400.00); and #00006662 (Wantman Group, Inc. - $29,996.25).

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4. Budget Amendment A-80 Tourist Development Fund (Staff recommends approval).

The purpose of this budget amendment in the amount of $40,000 is to revise Tourist Development Tax Revenue based on YTD actual trends.

07-22-14-3-d-4

5. Budget Amendment A-81 (FY 13/14) General Fund (Staff recommends approval).

The purpose of this budget amendment in the amount of $5,367 is to reimburse the Sumter County Sheriff's Office for the expenses of the Edward Byrne Memorial Justice Assistance Grant (JAG) - Sumter County Defensive Tactics Training Enhancement Program 2014-JAGD-SUMT-1-E6-107. The grant will provide a defensive tactics impact dummy and a cuff and arrest dummy and taser vest for training in inmate management.

07-22-14-3-d-5

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6. Budget Amendment A-82 (FY 13/14) SC Road Const Dist Impact Fund

(Staff recommends approval).

The purpose of this budget amendment in the amount of $4,000 is to cover the Clerk of Circuit Court recording fees for the Duke Energy easement on the C468 Turnpike West to CR505 Project.

07-22-14-3-d-6

7. Budget Amendment A-83 (FY 13/14) State Mosquito Control (Staff recommends approval).

The purpose of this budget amendment in the amount of $2,775 is to recognize additional revenue received from sale of surplused inventory.

07-22-14-3-d-7

8. Budget Amendment A-84 (FY 13/14) ST Fund Advanced Traffic Management System (Staff recommends approval).

The purpose of this budget amendment in the amount of $17,540 is to reallocate funds for Advanced Traffic Management System (ATMS) Master Plan ITS Architecture Interim Worksheets Preparation Project.

07-22-14-3-d-8

9. Budget Amendment A-85 (FY 13/14) Capital Outlay Reserve Fund (Staff recommends approval).

The purpose of this budget amendment in the amount of $159,787 is to cover the furniture cost for the Belvedere Library.

07-22-14-3-d-9

10. Fiscal Year 13/14 State Budget Amendment - Surplus Property (Staff recommends approval).

The Florida Department of Agriculture and Consumer Services (FDACS), Mosquito Control Section, provides aid to Sumter County for arthropod control. An Annual Certified Budget must be prepared and received by the Florida Department of Agriculture and Consumer Services for Fiscal Year 2013/2014, before September 15, 2013, to qualify for state aid. Any changes that deviate from the Annual Certified Budget require a state budget amendment. All proceeds from the sale of any real or tangible personal property owned by the County or District shall be deposited in the County's or District's state fund

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account unless otherwise specifically designated by the Florida Department of Agriculture and Consumer Services per F.S. Chapter 388.323 (Disposal of surplus property). An increase in the amount of $2,775.00 (sale of surplus), brings the state budget total amount for FY 2013/2014 to $32,231.00.

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11. Inventory Transactions - Disposal and Transfer of Property (Staff recommends approval).

07-22-14-3-d-11

12. North Sumter County Utility Dependent District FY2014/2015 Budget (Staff recommends approval).

The North Sumter County Utility Dependent District (NSCUDD) was established by Ordinance 2010-10 on July 13, 2010 pursuant to Ch. 189, Fla. Stat. The statute allows the Dependent District to budget separately from the County via the concurrence of the local governing authority.

07-22-14-3-d-12 Commissioner Burgess moved, with a second by Commissioner Hahnfeldt, to approve Agenda Items 1 through 12 under Financial. The motion carried unanimously 5 – 0.

e. CONTRACTS AND AGREEMENTS

Prior to action being taken on this section, Commissioner Breeden and Commissioner Gilpin commented that many of the Contract Change Orders that are presented actually are reductions in the project costs due to direct purchase. Commissioner Hahnfeldt commented on the termination of the outdated consulting contracts and efficiency of staff in doing so.

1. Contract Change Order #1 for Sumter County Fairgrounds with Mark

Cook Builders for Owner Direct Purchase Order Deductions (Staff recommends approval).

Mark Cook Builders, Inc. was awarded Contract for Sumter County Fairgrounds Improvement Project ITB #010-0-2014/OR on May 13, 2014 by the Sumter County BOCC . The scope of this change order is for the estimated costs of the Owner Direct Purchase (ODP). ODP's will be reconciled with actual costs at the end of the project. The deducted costs will be used to direct purchase the materials by the County and realize the sales tax savings. At the end of the project, the actual material costs will be reconciled, an ODP reconciliation

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change order will be executed and actual sales tax savings will be recognized. The deductive value attributed to the ODP Program equals ($57,253.96).

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2. Contract Change Order #02 for the North Wildwood Fire Station Project with Mark Cook Builders, Inc. for Owner Direct Purchase Order Deductions (Staff recommends approval).

The scope of this Change Order #02 is a deductive amount of ($332,566.60) for materials and equipment purchased through the Owner Direct Purchase Order Program. As a result of the Program, the County will realize $19,154.71 in tax savings.

07-22-14-3-e-2

3. Contact Change Order #4 for the Sumter County Cow Palace Replacement Project with Tucker Construction for Owner Direct Purchase Order Deductions (Staff recommends approval).

The scope of this change order includes deducting the combined value of two increases to previously issued Owner Direct Purchase Requests. The first, dated June 20, 2014, represents a deductive value of ($36,720.52) whereas the second, dated June 26, 2014, represents a deductive value of ($25,262.98) for a total deductive value of ($61,983.50). This change order will result in a net decrease to the Contract Sum in the amount of ($61,983.50).

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4. Contract Change Order #01 for the 2014 Pavement management Rehabilitation Program with C.W. Roberts Contracting, Inc. (Staff recommends approval).

On March 25, 2014, the Board of County Commissioners awarded and entered into contract with C.W. Roberts Contracting, Inc. to perform the 2014 Pavement Management Rehabilitation Program for Road Construction and Unpaved to Paved. The Contract was awarded for $2,381,641.39 for the Road Construction portion of the project. After the project was awarded, the Public Works Division decided to remove Site 9 (CR 121) from this year's pavement management program. Public Works is recommending that nine (9) additional sites be added to the program to make use of the funds allocated to the CR 121 project. Staff recommends approval of Change Order Number 1 to remove CR 121 from the 2014 Rehabilitation Program and add the following projects: CR 109E-1,CR 109E-2, CR 109G, CR 109G-1, CR 109H, CR 437, CR 529 East, CR 104 Railroad Crossing, and Enrique Drive. No change in contract time has been

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requested for this change order. The change order will not result in any increase in contract cost.

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5. 30 day Notice of Termination of Consulting Engineering Agreement between AMEC-BCI Engineers & Scientists and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with AMEC-BCI Engineers & Scientists (formally known as BCI Engineers & Scientists) for professional engineering services under a continuing CCNA (Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning and Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-5

6. 30 day Notice of Termination of Consulting Engineering Agreement between Dewberry Engineers, Inc. and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with Dewberry Engineers, Inc. (formally known as Bowyer-Singleton & Associates, Inc.) for professional engineering services under a continuing CCNA (Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning and Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-6

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7. 30 day Notice of Termination of Consulting Engineering Agreement

between Dyer, Riddle, Mills, and Precourt, Inc. (DRMP, Inc.) and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with DRMP, Inc. for professional engineering services under a continuing CCNA (Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning & Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-7

8. 30 day Notice of Termination of Consulting Engineering Agreement between Kimley-Horn and Associates, Inc. and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with Kimley-Horn and Associates, Inc. for professional engineering services under a continuing CCNA (Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning and Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-8

9. 30 day Notice of Termination of Consulting Engineering Agreement between Springstead Engineering, Inc. and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with Springstead Engineering, Inc. for professional engineering services under a continuing CCNA

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(Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning & Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-9

10. 30 day Notice of Termination of Consulting Engineering Agreement between Volkert & Associates, Inc. and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with Volkert & Associates, Inc., for professional engineering services under a continuing CCNA (Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning and Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-10

11. 30 day Notice of Termination of Consulting Engineering Agreement between Wade Trim, Inc. and Sumter County Board of County Commissioners (Staff recommends approval).

On March 25, 2008 the BOCC entered into an agreement with Wade Trim, Inc. for professional engineering services under a continuing CCNA (Consultants' Competitive Negotiation Act) contract. Section 16 of this agreement states:

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"This agreement may be terminated by either party upon 30 days prior written notice. If this agreement is terminated, Engineer shall be paid for all work performed up to the date of termination and shall return plans and records to the Division of Planning & Development at the Engineer's sole expense".

It has been determined that since an RFQ is being developed to advertise for new consultants under the CCNA, termination of this contract is recommended.

07-22-14-3-e-11

12. Approve renewal of Transportation Agreement between Sumter County Youth Center and Sumter County Transit (Staff recommends approval).

Sumter County Transit has provided afterschool transportation to the attendees of Sumter County Youth Center for 14 years. The youth center provides school board elementary students with afterschool care. We are able to use the trip counts for invoicing purposes. For FY 2014 we invoiced 18,871 trips. The Sumter County Youth Center is invoiced $400.00 per month to cover vehicle maintenance costs.

07-22-14-3-e-12

13. Award and enter into contract with TSI Disaster Recovery, LLC for ITB 017-0-2014/CRM South County Canal "G" Maintenance (Staff recommends approval).

ITB 017-0-2014/CRM South County Canal "G" Maintenance was broadcast on 6/6/2014. Bids were due on 7/8/2014 at 11:00 a.m. and opened at 11:05 a.m. at The Villages Sumter County Service Center, Wildwood, FL 34785. Two (2) bids were received as follows: (1) Florida Native Nursery, Inc. - $172,400.00 and (2) TSI Disaster Recovery, LLC - $74,000.00. The Selection Committee recommended the Board award and enter into contract with TSI Disaster Recovery, LLC.

07-22-14-3-e-13; 07-22-14-3-e-13-NOA-Contract; 07-22-14-3-e-13-ITB; 07-22-14-3-e-13-TSI Disaster; 07-22-14-3-e-13-Florida Natives

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14. Extend Notice to Proceed completion date for contract awarded to

Volkert Inc., for Design and permitting of C468 East of Florida's Turnpike, West to CR 505 and approve additional Scope of Services (Staff recommends approval).

On 07/09/2013 Sumter County Board of County Commissioners entered into an agreement with Volkert, Inc., for design and permitting of C468 East of Florida's Turnpike, West to CR 505 with additional bridge design over the Turnpike. As part of that agreement it was noted that any potential future services related to this project would be negotiated separately at a later date. On 07/09/2013 a Notice to Proceed was issued with a completion date of 01/09/2014. On 05/13/2014 the Sumter County Board of County Commissioners extended the completion date to 06/30/2014. It has now been determined that additional services are needed for Post Design Services. Subsequently, the Notice to Proceed completion date needs to be extended to 12/31/15. The proposed Scope of Services may include: A. Review Shop Drawings B. Review RFIs C. Field Meetings D. Construction Meetings E. Plan Modifications F. General Construction Assistance

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15. Florida High Tech Corridor Council Sponsorship (Staff recommends approval).

Sumter County's Economic Development Department requests Board approval to serve as a "County Supporting Partner" of the Florida High Tech Corridor Council's Virtual Entrepreneur Center. The sponsorship affords Sumter County enhanced visibility and participation in a wide variety of state supported economic development efforts directed by the Florida High Tech Corridor Council. The High Tech Corridor Council is a technology rich region of 23 Central Florida counties drawn together by its three research universities to grow high tech industry. These industries include but are not limited to Agri-technology, Aviation & Aerospace and Life Sciences & Medical Technologies. The commitment to sponsor is for a minimum of (3) years at $2500 per year.

07-22-14-3-e-15

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16. Approve Revision of the Development Agreement for the Villages

Crossing Commercial Subdivision to Include the Legal Description of Parcel #6 Inadvertently Omitted from the Original Document Filed with the Clerk of Court 6/12/2012 (Staff recommends approval)

In June of 2012, the Villages Crossing Commercial Subdivision Property Owner's Association and Sumter County entered into a Development Agreement in accordance with the provisions of Chapter 163 of the Florida Statutes. Exhibit "A" of the agreement provided the legal descriptions of the parcels comprising the project. Parcel #6 was inadvertently omitted from Exhibit "A" in the document filed with the Clerk of Court on 6/12/2012, although this parcel was represented on all the plans drawings submitted for the project. The attached document incorporates the amended Exhibit "A" to include the legal description of parcel #6. Upon Board approval, the amended development agreement will be refiled with the Clerk of Court at the developer's expense.

07-22-14-3-e-16 Commissioner Hahnfeldt moved, with a second by Commissioner Gilpin, to approve Agenda Items 1 through 16 under Contracts and Agreements. The motion carried unanimously 5 – 0.

f. GENERAL ITEMS FOR CONSIDERATION

1. Appeal of Mr. Robert Gomba of a Written Order of the Development Services Director in Accordance with Section 13-236 of the Sumter County Land Development Code (Board's Option).

CLERK'S NOTE: Mr. Gomba's correct name is Gregory Gomba.

At the request of the County Attorney all witnesses were sworn prior to speaking. Karl Holley, Development Services Director, having been sworn, provided a copy of his presentation to the Board (a copy was provided to Mr. Gomba prior to the meeting) to be included with the file which is to be included as part of the official record and will be attached to the permanent minutes. The file consists of all documentation received by the Board for this agenda item along with the document just presented to the Board and Clerk.

In May of this year, Gregory Gomba contacted the Development Services Division to inquire about a permit for a landscape feature in the rear yard of his home at 2000 Yearling Way in The Villages. The proposed landscape feature consisted of stacked stone with an electric pump to circulate water over the feature. Mr. Gomba was advised that the proposed feature constituted a structure as defined by the Sumter County Land Development Code and could therefore not be permitted because it encroached into the required structural

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setback. Mr. Gomba requested that he be provided this determination in writing, which was delivered to him by email on May 21, 2014. On June 2, 2014 Mr. Gomba filed an appeal of this determination in accordance with the provisions of Section 13-236. Mr. Gomba alleges the relevant provisions of the Land Development Code have been inappropriately applied with respect to his request. Mr. Holley advised he does not recall there being any request similar to this one during his time as Development Services Director. The proposed feature would not be attached to the home.

Gregory Gomba, 2000 Yearling Way, The Villages, having been sworn, discussed his application and mentioned several addresses where similar structures have been installed. He does not feel this is a vertical structure and does not feel that the documents provided to him by Development Services relates to landscaping features. Mr. Gomba advised that the proposed height of the sandstone feature will not exceed 26". There was additional Board discussion following Mr. Gomba's presentation.

Commissioner Hahnfeldt moved, with a second by Commissioner Burgess, to grant the appeal of Gregory Gomba of a Written Order of the Development Services Director in Accordance with Section 13-236 of the Sumter County Land Development Code and allow him to construct his landscape feature to his home as requested. The motion carried 3 – 2 with Commissioner Breeden and Commissioner Gilpin voting nay.

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2. Long Range Plan 2014-2019 for Sumter County Library System (Staff recommends approval).

The Long Range Plan will provide the Sumter County Library System with direction and a vision for the future. It provides the framework for future growth and development over the designated five year period. The State Aid to Libraries Grant Program administered by the Florida Department of State Division of Library and Information Services requires a Long Range Plan that is adopted or approved by the library's governing body. The Plan should outline the library's operation and development over a three to five year period. It is also used to develop the required Annual Plan of Service. The Library Single Administrative Head will use the Long Range Plan as a blueprint for recommendations, assessment, and decisions regarding all aspects of library operations.

07-22-14-3-f-2

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3. Approve various revisions to the Employee Manual (Staff recommends

approval).

CLERK'S NOTE: Prior to taking action on this, Commissioner Breeden expressed concerns he has discussed with Mr. Arnold on issues he has with the proposed changes to Section 4.020 Hiring. The proposed revisions to the Employee Manual are: Section 2.030 - Hours of Work and Overtime - Removed reference to repeating shifts and included Alternate Work Schedule Policy for shift employees. Section 2.060 - Health and Safety - To include a statement regarding tobacco use. Section 3.010 - Working Hours - To include a statement prohibiting the use of the BOCC e-mail system after normal work schedules. Section 4.020 Hiring - To authorize the County Administrator to approve all job descriptions and job description revisions. To clarify that employees moving to new positions will start a new introductory period. Section 4.030 - Temporary Employees - To remove the policy and references to temporary employees in employee manual. Section 5.060 - Payments Upon Separation - To remove sections of the policy referencing employees hired before June 1, 2009. Section 7.035 - Education Assistance Reimbursement Policy - To increase the reimbursement amount to $3,403.00 for Associate and Bachelor degree courses and add reimbursement of $2,000.00 for post graduate level courses. Section 8.110 - Driver's License Requirements - To include driver's license reviews are conducted every six months. Section 11.010 - Definitions - To clarify immediate family. Section 11.010 - Definitions - To include a definition of minor child. Section 11.010 - Definitions - To remove the definition of on-call positions, student employee positions, and temporary employees. Appendix A - Cell Phone Policy - Various revisions to conform to procedural changes.