Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. County Administration Building Jack Durrance Auditorium 12 Southeast First Street Gainesville, Florida The Alachua County Commission met in regular session. PRESENT: Chair Chuck Chestnut, Vice Chair Hutch Hutchinson; Commissioners Mike Byerly, Ken Cornell, and Lee Pinkoson ALSO PRESENT: County Manager Lee Niblock, Assistant, County Attorney Michele Lieberman, Clerk of Court J.K. Irby, Agenda Coordinator Jonathan Clements, Assistant Clerk/Finance Director Todd Hutchison, and Deputy Clerk Steve Donahey The meeting was televised live on Cox Cable Channel 12. Invocation Evangelist Rodney J. Long with Mount Herman Missionary Baptist Church gave the Invocation. Pledge of Allegiance Chair Chestnut led the Pledge of Allegiance. Approval of Agenda 1. Approve the Agenda Amount: N/A Recommended Action: A Motion to Approve the Agenda: (a) approve any amendments to the Regular and Consent Agenda; (b) adopt the Regular Agenda; and (c) approve all items on the Consent Agenda. Commissioner Cornell moved adoption of the agenda as amended. The motion carried 5-0. Announcements Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. 2. Announcements, Mark Sexton, Communications Coordinator Amount: N/A Recommended Action: Hear Announcements by Communications Coordinator Mark Sexton, 1. Alachua County would like to encourage the citizens of Alachua to participate in the 2015 County Access Program. The program is designed to provide education on the functions of County government and how the County provides the services they do. To enroll contact the Office of Management and Budget at (352) 374-5262 to enroll or visit the County’s website. 2. The Great American Cleanup will be at Westside Park on Saturday March 21, 2015 from 8:00 a.m. till noon. You can KACB.org to register to participate. Time Certain Items Public Comments (9:30AM) 3. AM Public Comments Amount: N/A Recommended Action: Hear Public Comments Chair Chestnut recognized Burt Wetherington, Christopher Ike, Jim Konish, Bruce Nelson, County Manager Niblock, and Virginia Smith presented comments to the Board. Community Outreach Recognitions and Proclamations 4. Proclamation declaring March 7th, 2015 as "Masonic Appreciation Day" in Alachua County, FL Amount: N/A Recommended Action: Proclaim March 7th, 2015 as "Masonic Appreciation Day" in Alachua County, FL Chair Chestnut read and presented the Proclamation. Presentations 31. Agreement with Bradford County for Billing and Collections Services Amount: $4,000.00 Estimated Net Recurring Revenue Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Recommended Action: Approve the Interlocal Agreement and Business Associate Agreement with Bradford County to provide Emergency Medical Services Billing and Collections Services, Authorize three (3.0) additional FTEs, Adopt the Resolution, and Approve the Budget Amendment Interim Deputy Chief Harold Theus presented the above item. Commissioner Cornell moved to approve the Interlocal Agreement and Business Associate Agreement with Bradford County to provide Emergency Medical Services Billing and Collections Services, Authorize three (3.0) additional FTEs, Adopt the Resolution, and Approve the Budget Amendment. Commissioner Hutchinson, Commissioner Pinkoson, Fire Rescue Cheryl Anderson- Ellis Commissioner Hutchinson, and Virginia Smith presented comments. The motion carried 5-0. 19. Constitutional Officers' Quarterly Reports for FY 2015 Quarter 1 Amount: NA Recommended Action: Accept Constitutional Officers' Quarterly Reports of Budget and Actual Expenditures for FY 2015 Quarter 1. Assistant Clerk/Finance Director Todd Hutchison and Alachua County Sheriff Chief Financial Officer Patty Justice presented the above item. Commissioner Cornell moved to accept Constitutional Officers' Quarterly Reports of Budget and Actual Expenditures for FY 2015 Quarter 1. The motion carried 5-0. 5. Presentation on Medicaid Expansion in Florida by the League of Women Voters Amount: NA Recommended Action: Hear presentation on Medicaid Expansion in Florida by the League of Women Voters. League of Women Voters Representative Diane Dimperio presented the above item. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Commissioner Hutchinson, Communications Coordinator Mark Sexton, and Commissioner Cornell presented comments to the Board. 6. 2015 Strike Out Hunger Food Drive Presentation Amount: N/A Recommended Action: Hear presentation about the 2015 Strike Out Hunger Food Drive Presentation. Evangelist Rodney Long presented the above item. Commissioner Pinkoson and Commissioner Hutchinson presented comments to the Board. ADDED ITEM: Resolution supporting the request by Phalanx Defense Systems, LLC for the in the Qualified Target Industry (QTI) Program Amount: $20,400.00 Recommended Action: Approve the Resolution supporting Phalanx Defense Systems LLC. Participation in the QTI Program and authorize the Chair’s signature. Economic Development Coordinator Edgar Campa-Palafox presented the above item. Commissioner Pinkoson presented comments to the Board. Commissioner Pinkoson moved to approve Resolution 15-17 supporting Phalanx Defense Systems LLC. Participation in the QTI Program and authorize the Chair’s signature. Commissioner Cornell, Commissioner Pinkoson, County Manager Niblock, Commissioner Byerly, Bruce Nelson, Virginian Smith, Susan Davenport , Commissioner Cornell, and Commissioner Pinkoson presented comments. The motion carried 3-2 with Commissioners Byerly and Cornell voting “Nay”. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. ADDED ITEM: Presentation on 515 N. Main Street Floor Plan Facilities Director Charlie Jackson presented the above item. Commissioner Byerly, Commissioner Cornell, Paul Thur de Koos, County Manager Niblock, Commissioner Byerly, Facilities Director Charlie Jackson, County Manager Niblock, Chair Chestnut, and Facilities Director Charlie Jackson , presented comments. Commissioner Cornell moved the following: 1. Direct the County staff to return with a recommendation as to the roof and who is paying for it. 2. Staff to report back when they are doing the space utilization with an analysis of all the County facilities and how this facility fits into that plan. 3. Direct staff to address the mold issues immediately and have any air conditioning issue assessed for a long term purchase. Commissioner Byerly exited at 11:35 a.m. County Manager Niblock, Commissioner Cornell , Supervisor of Elections Pam Carpenter, County Manager Niblock, Supervisor of Elections Pam Carpenter, Bruce Nelson, and Commissioner Cornell presented comments to the Board. The motion carried 4-0 with Commissioner Byerly out of the room. Governmental Units County Attorney 7. Request to Advertise a Public Hearing to Consider the Adoption of an Ordinance to Establish a Special Magistrate for Enforcement Cases as an Optional Process for Codes Enforcement Actions. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Amount: Estimated $200 Recommended Action: Advertise a public hearing to consider the adoption of the proposed ordinance. Assistant County Attorney Corbin Hanson presented the above item. Commissioner Byerly entered at 11:39 A.M. Commissioner Pinkoson presented comments. Commissioner Pinkoson moved to advertise a public hearing to consider the adoption of the proposed ordinance. County Attorney Lieberman , Commissioner Hutchison , Commissioner Byerly , Codes Enforcement Director Rick Wolf , County Attorney Lieberman, Commissioner Cornell, and Codes Enforcement Director Rick Wolf presented comments. Commissioner Byerly moved the substitute motion to advertise a public hearing to consider the adoption of the proposed ordinance and request the attorney to be prepared with an ordinance that would allow the County to proceed with a magistrate only model at the meeting. Commissioner Hutchison, Commissioner Cornell, Commissioner Pinkoson, Chair Chestnut , Codes Enforcement Director Wolf, Bruce Nelson , Virginia Smith, County Attorney Lieberman , Commissioner Cornell, Commissioner Byerly , and Chair Chestnut presented comments. The motion carried 4-1 Commissioner Pinkoson voting “Nay”. ADDED ITEM: S.B. 832 County Attorney Lieberman presented the above item. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Growth Management Director Steve Lachnicht , Commissioner Hutchinson , EPD Director Chris Bird, Commissioner Byerly, EPD Stephen Hofstetter, County Attorney Lieberman , Growth Management Director Lachnicht , County Attorney Lieberman, Growth Management Director Lachnicht , and Communications Coordinator Mark Sexton presented comments. Commissioner Byerly moved that the County take all steps to oppose this legislation. County Attorney Lieberman, Commissioner Cornell, Senior Planner Missy Daniels, County Manager Lee Niblock, County Attorney Lieberman, Growth Management Director Lachnicht, and County Manager Lee Niblock presented comments. Commissioner Byerly moved to direct staff to take all steps to oppose the legislation and that this is a priority for the Board of County Commissioners. James Dent, Frank Morey, Virginia Smith , Commissioner Cornell presented comments. The motion carried 5-0. Commissioner Hutchinson presented comments to the Board. Commissioner Hutchinson moved to accept Commissioner Cornell’s statement on behalf of the Board and empower Commissioner Cornell to represent the BOCC at the meeting. Commissioner Byerly, Commissioner Pinkoson, Chair Chestnut, Communications Coordinator Mark Sexton, and Commissioner Byerly presented comments. Commissioner Byerly moved the substitute motion to authorize Commissioner Cornell to represent Board on following issues: 1. authorize Commissioner Cornell to convey to the group tonight and tomorrow night representing the motion already approved opposing SB 832, 2. To emphasize that SB 832 undercuts the local planning process and derails the local engagement process that we are already engaged in in Alachua County through the Sector Plan approval process, 3. To invite Plum Creek to join the County in opposing SB 832. The motion carried 5-0. County Manager 8. Reestablish the Sustainability Program Amount: $113,012.00 Recommended Action: Consider the main alternatives for reestablishing a Sustainability Program and give direction to the Manager. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. County Manager Lee Niblock presented the above item. Commissioner Pinkoson presented comments. Commissioner Pinkoson moved option number 2: To allow the County Manager to create a Sustainability Council with a representative from each department. The Council will be chaired by the former Sustainability Coordinator and tasked with implementing the objectives of the performance criteria of the Sustainability Program. Commissioner Byerly and County Manager Niblock Commissioner Byerly moved the following substitute motion: 1. Option number 2: To allow the County Manager to create a Sustainability Council with a representative from each department. The Council will be chaired by the former Sustainability Coordinator and tasked with implementing the objectives of the performance criteria of the Sustainability Program. 2. Direct staff to present quarterly agenda presentations to the Board outlining what steps they intend to take to implement the adopted sustainability directives of the Board in the coming quarter and which ones were implemented in the previous quarter. County Manager Niblock stated that he and the Attorney are working on Board Policies. The motion carried 5-0. Community Planning Group 9. Amendment to the Interlocal Agreement with City of Newberry - Refinance of Champions Park Debt Amount: $5,775,000.00 Recommended Action: Approve the amendment to the interlocal agreement with the City of Newberry and authorize the Chair to sign. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Commissioner Hutchison moved to approve the amendment to the Interlocal agreement with the City of Newberry and authorize the Chair to sign. Commissioner Pinkoson, County Attorney Lieberman, County Attorney Lieberman , Commissioner Byerly , Financial Officer Todd Hutchison , Commissioner Byerly presented comments. The motion carried 4-1 with Commissioner Byerly voting “Nay”. 10. 7.6 acres in Melrose “ Purchase and Sale Agreement with C. Douglas Miller. Amount: $12,500.00 (revenue) Recommended Action: That the Purchase and Sale Agreement with C. Douglas Miller for the surplus property known as the 7.6 acres in Melrose be approved and executed by the Board. Also, approve that the Chair be authorized to execute any additional documents approved by the County Attorney necessary to complete this transaction. Closing Comments Public Comments - 15 Minutes 11. Closing Comments from the Public Amount: N/A Recommended Action: Hear Closing Comments from the Public Chair Chestnut recognized Bruce Nelson who presented comments to the Board. County Attorney Comments 12. County Attorney's Comments Amount: N/A Recommended Action: Hear County Attorney's Comments 1. Fracking Resolution Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. County Attorney Lieberman requested direction regarding the Board’s previous motion to draft an Ordinance to ban fracking in Alachua County. Commissioner Cornell stated that he would like to wait to see the action taken by the State Legislature before moving forward with an Ordinance. County Manager Comments 13. County Manager's Comments Amount: N/A Recommended Action: Hear County Manager's Comments Bo Diddley Plaza closing and using the County Lawn for events. Commissioner Hutchinson moved to declare that public celebrations be allowed on the County Administration’s West Lawn and the Pride Festival be scheduled immediately. Commissioner Byerly, Commissioner Cornell, and County Manager Niblock presented comments. Commissioner Hutchinson moved to direct staff to come back with a recommendation for using the County Administration’s West Lawn, Grace Knight, Community Treasures, and the Jack Durrance Auditorium and present the pros and cons. The motion carried 5-0. Commission Comments 14. Commission Comments Amount: N/A Recommended Action: Commission Comments Abandoned Rail project between the City of Newberry and the City of High Springs Commissioner Hutchinson stated that the abandoned rail between the City of Newberry and High Springs is an excellent opportunity for a rail to trails project. He Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. stated that there are several groups including the City of High Springs interested in participating in the project. Commissioner Hutchinson moved the following: 1. In connection with the motion from July 8, 2014, direct staff to negotiate and bring back within 60 days a Multi-party Acquisition Agreement for the due diligence and acquisition and maintenance of the High Springs and Newberry abandoned rail corridor. 2. To designate some or all of the proceeds from the sale of the surplus county property in Melrose for these acquisition and maintenance related expenses. Commissioner Pinkoson, Chair Chestnut, Commissioner Hutchinson, County Manager Niblock, Commissioner Byerly presented comments to the Board. The motion carried 5-0. Ban the Box Commissioner Hutchinson stated that the Memorandum from Karen Gerding contained information from a survey. He stated that the Memo further recommends continuing to require the box on the applications with some modifications. Board. Acting Human Resources Manager Karen Gerding presented comments to the County Attorney Lieberman stated that the County is required to inquire regarding criminal history for certain positions under State laws. Commissioner Pinkoson requested a letter of thanks to SWAG and Rotary for their donations. By consensus, the Board authorized the Chair to send a letter of thanks to the SWAG Community and Rotary for their donations to the health facility and place a plaque at the facility to properly thank contributors. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Commissioner Pinkoson requested an update on the Annexation transition agreement talks and where they stand. County Attorney Lieberman presented comments to the Board. Commissioner Byerly stated that the Board has received a letter requesting the Board’s support for adding the Hawthorne Cemetery to the registry of historic places. He further stated that he would like to support the effort. Commissioner Byerly moved to refer to staff and the Historical Commission and request that they comment in favor of inclusion of the Hawthorne Cemetery in the registry of historic places. The motion carried 5-0. Commissioner Cornell moved to have a scheduled policy meeting every first Tuesday of the month at 1:30 P.M. The motion carried 5-0. County Manager Niblock stated that staff is working on the Board rules of procedure and that the matter will be on a future agenda for a presentation to the Board. MEETING RECESSED MEETING RECONVENED 5:00 P.M. – Chair Chestnut, Commissioners Cornell, Hutchinson, and Pinkoson present Evening Community Outreach and Public Hearing Public Comments - then resume Public Hearing (5:30PM) 15. PM Public Comments Amount: N/A Recommended Action: Hear PM Public Comments Quasi-Judicial/Zoning Items County Attorney Michele Lieberman stated that while the Board welcomes comments from all persons with an interest in this proceeding, Florida law requires that the County Commission’s decision in a quasi-judicial action be supported by competent substantial evidence presented to the Commission during the hearing on the application. Competent substantial evidence is such evidence, as a reasonable mind would accept as adequate to support a conclusion. There must be a factual basis in the record to support opinion testimony from both expert and non-expert witnesses. Persons presenting testimony may rely on factual information that they present, that is Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. presented by County staff, that the applicant presented, or on factual information included in the County staff report to support their testimony. Mrs. Lieberman further stated that all persons wishing to participate and speak on an issue at the public hearing would be sworn in prior to speaking during this proceeding. All persons will have the right, through the Chair, to ask questions, seek clarification of comments made and to respond to the comments or presentations of staff or other speakers; or to refute or respond to any ex-parte communication. All persons who present written materials to Commissioners for consideration must ensure that a copy of such materials is provided to the Clerk for inclusion in the Board’s record of proceedings and official minutes. Deputy Clerk Bob Decker asked if any Commissioner had received oral or written communication regarding the items. Mr. Donahey requested that Commissioners disclose the substance of the communication and identify the person(s) making the communications(s). The Commissioners disclosed no ex parte communications. New Business 17. Anthem Church Preliminary Development Plan Amount: N/A Recommended Action: Approve the Preliminary Development Plan and Resolution DR-15-03 for Anthem Church, project number 2014100801_P. Planner Christine Berish presented the above item. Commissioner Pinkoson moved to approve the Preliminary Development Plan and Resolution DR-15-03 for Anthem Church, project number 2014100801_P. Chair Chestnut opened the Public Hearing at 5:06 P.M. There was no one present who wished to address the Board. Chair Chestnut closed the Public Hearing at 5:06 P.M. The motion carried 4-0 with Commissioner Byerly out of the room. Public Hearings Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Legislative items 16. Unified Land Development Code Amendment First Public Hearing Amount: N/A Recommended Action: Conduct the first public hearing and direct staff to advertise for the second public hearing. Senior Planner Missy Daniels presented the above item. Commissioner Byerly entered the room at 5:16 P.M. Public Works Michael Fay , Senior Planner Missy Daniels, Civil Engineer III Ruth Findlay, Growth Management Director Steve Lachnicht presented the above item. Commissioner Pinkoson moved to conduct the first public hearing and direct staff to advertise for the second public hearing with placeholder for food trucks. Planner Holly Banner presented comments to the Board. The motion carried 5-0. Closing Comments Public Comments - 15 minutes 18. PM Closing Comments from the Public Amount: N/A Recommended Action: Hear Closing Comments from the Public Chair Chestnut recognized Jancie Vinson and Assistant County Manager James Harriott who presented comments to the Board. Commissioner Byerly stated that he had a conference with the Coalition Against Bigger Trucks. He stated that they would like a letter or a Resolution supporting their cause. Assistant County Manager James Harriott and Communications Coordinator Mark Sexton presented comments to the Board. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Commissioner Byerly moved to agenda an item on the Coalition Against Bigger Trucks on the first Regular Meeting in March. He would like to determine if the National Association of Counties or the Florida Association of Counties has a position on the matter and provide that information to the Board. The motion carried 5-0. Commissioner Hutchinson stated that Newberry/High Springs rail trail has been proceeding at the staff level and that the staff simply needed further direction. Assistant County Manager James Harriott stated that the County Manager requested further direction on the rail trail project. He stated that there are several steps involved in acquiring the property. Transportation Planning Manager Jeff Hays stated that the project does not reach the City of Newberry. CSX is not closing the rails in Newberry. Commissioner Pinkoson and Commissioner Hutchinson presented comments to the Board. There being no further business before the Board the meeting was adjourned at 6:10 P.M. Adjourn CONSENT/Community Outreach CONSENT/Governmental Units Constitutional Officers/Other Governmental Units 20. Request ratification of the Warrant List. Amount: N/A Recommended Action: Ratify the attached Warrant List. 21. Request for approval of the attached Board of County Commission minutes. Amount: N/A Recommended Action: Approve the attached Board of County Commission Minutes. ADDED ITEM: Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Mediated Settlement of Claim Arising from 2010 Vehicle Accident Amount: $51,000.00 Recommended Action: Approve the tentative settlement. Support Services Group 22. Bliss Products and Services: Finance Report and Purchase Order 151164. Amount: $69,904.00 Recommended Action: Approve the Finance Report and Purchase Order 151164, issued to Bliss Products and Services, in the amount of $69,904.00, for the purchase and installation of playground equipment and wood mulch at the Jonesville Park and authorize the chairperson’s signature. Prices, terms and conditions are per Clay County’s RFP #13/14-8. 23. NW 23 Av/Ft. Clarke Intersection Modification: Bid 15 508 Amount: 2,119,581.55 Recommended Action: Approve the Finance Report to approve the award of Bid 15 508 Rebid Project No. 6393 - NW 23 Av/Ft. Clarke Intersection Modification and authorize staff to negotiate a contract. 24. Annual Purchase of Veterinary Medical Supplies: Bid 15 56 Amount: $50,000.00 Estimated Recommended Action: That the Board approve the award of Bid 15 56; Annual Purchase of Veterinary Medical Supplies, for one (1) term beginning on the date of the fully executed contract (blanket purchase orders) through February 2016, to American Health Service Sales Co., HSB Veterinary Supplies, Inc., Merritt Veterinary Supplies, Inc., and MWI Veterinary Supplies, as the lowest responsive and responsible bidder(s) meeting specifications and, authorize the Purchasing Manager, if applicable, to sign the purchase order(s). 25. TAW Power, Change Order 4 to Purchase Order 150074 Amount: $5,000.00 Recommended Action: Approve the Finance Report and Change Order 4 to Purchase Order 150074 issued to TAW Power Systems, Inc. in the amount of $5,000.00, for the Annual Generator Maintenance and Repair Services and authorizes the Chairperson's signature. Prices, terms and conditions are per Written Quote 11-2: Annual Generator Maintenance and Repair Services. Community Planning Group 26. Correction of Purchase Amount for the Lochloosa Creek-Shimer Property by Alachua County Forever. Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Amount: $232.00 Recommended Action: The Board should approve an additional $232 for the purchase of the Lochloosa Creek-Shimer Property. 27. Addition of land conservation project to the Alachua County Forever Active Acquisition List. Amount: $30,350.00 Acquisition. $550 Annual Stewardship. Recommended Action: The BoCC should approve the addition of the Austin Cary-Dudding Project to the Alachua County Forever List. Community Services Group 28. FFY 2013 Community Development Block Grant (CDBG) Housing Rehabilitation Contract with Florida Department of Economic Opportunity, Approval of Applicant Ranking Amount: N/A Recommended Action: Approve Applicant Ranking, include list of applicants in the meeting minutes, and disclose any conflicts of interest members of the Alachua County Board of County Commissioners have with any applicants on the Ranking list. 29. Terminate agreement with the City of Waldo regarding public safety radios Amount: $7,000.00 estimated annual savings Recommended Action: Approve the termination agreement with the City of Waldo regarding the provision of radios 30. EMS Grant Application for Bariatric Stretchers Amount: $15,445.56 (75% grant/25% match) Recommended Action: Approve the Grant Application for Bariatric Stretchers 32. NSP Real Estate Offer for 2437 NE 13th Avenue, Gainesville, FL Amount: $74,000.00 Recommended Action: Approve the NSP Real Estate Contract for Sale for 2437 NE 13th Avenue and approve the form of the deed. County Manager Reports 33. Report of contracts and grants signed by County Manager and staff for December, 2014 Amount: N/A Tuesday, February 24, 2015 – 9:00 A.M. & 5:00 P.M. Recommended Action: Accept the report and include a copy of the documents in the minutes of the Board of County Commissioners.
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