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gREGULAR MEETING

BOARD OF COUNTY COMMISSIONERS DEC. 13, 2011

The Board of County Commissioners convened in regular session on this Tuesday, December 13, 2011, at Bushnell, Florida, with the following members present to wit: Richard Hoffman, District No. 1; Douglas Gilpin, Vice Chairman, District No. 2; Donald Burgess, District No. 3; Garry Breeden, Chairman, District No. 4; and Randy Mask, 2nd 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. Chairman Breeden called the meeting to order at 5:00 p.m. with the invocation given by 2nd Vice Chairman Mask followed by the flag salute led by Pablo Remis of Boy Scout Troop 439.

Chairman Breeden announced that the Public Hearing on OP2011-0005 - Renewal of Operating Permit for Black Gold would not be heard tonight due to an advertising error. 1. TIMED ITEMS AND PUBLIC HEARINGS

a. 5:30 PM Zoning And Adjustment Board Recommendations

At 5:30 p.m. Chairman Breeden called for a public hearing to consider the recommendations of the Zoning and Adjustment Board (ZAB). Proof of Publication, as advertised, filed herewith.

Chairman Breeden advised that "If you plan to speak during the public hearing 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. Chairman Breeden 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, please state your name, address and whether or not you have been sworn when you approach the podium to speak on a quasi judicial matter."

1. *R2011-0035 - Rezone 2 Acres MOL From Non-Compliant A5 To RR1C

To Complete A Lineal Transfer - Ciji Carter - CR 229/Oxford (ZAB Recommends Approval).

The Chairman polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Burgess - none; Vice Chairman Gilpin-none; 2nd Vice Chairman Mask - none; Commissioner Hoffman-none; and Chairman Breeden-none.

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Sue Farnsworth, Planner for Sumter County, presented the following case. The applicant, Ciji Carter, is requesting a rezoning on 2.0 acres MOL from a non-compliant A5 to RR1C to complete a lineal transfer. There were eight notices sent with none being returned. The ZAB recommended approval by a vote of 5-0.

PUBLIC - There was no public input.

12-13-11-1-a-1 Commissioner Hoffman moved, with a second by 2nd Vice Chairman Mask, to approve *R2011-0035 - request of applicant, Ciji Cater, to rezone 2.0 acres MOL from non-compliant A5 to RR1C to complete a lineal transfer and approval of the related resolution (2011-62). The motion carried unanimously 5 – 0.

2. *C2011-0002 - A Conditional Use Permit For Expansion Of Bedrock Resources, Inc. Limerock Mine On C-470 In Sumterville

The Chairman polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Burgess - none; Vice Chairman Gilpin-none; 2nd Vice Chairman Mask - none; Commissioner Hoffman-none; and Chairman Breeden-none.

Ms. Farnsworth advised that the applicant is requesting a Conditional Use Permit on two non-vested areas adjacent to the vested mine formerly owned by Dixie Lime & Stone Co. There are two distinct areas under application. The east area consists of 39 acres fronting CR526. A western area consists of 16 acres MOL fronting on SR471. Bedrock Resources has concurrently applied for an amendment to Operating Permit OP2010-0004 which will incorporate the subject properties into their current mining operation. Twenty-four notices were sent to surrounding property owners with two being returned in support and three returned in opposition. The ZAB recommended approval by a vote of 5-0 with the 14 conditions listed in the staff report. Ms. Farnsworth advised that the Staff Report has been submitted for the record.

David Springstead, Springstead Engineering, Inc., 727 South 14th Street, Leesburg, appeared on behalf of the applicant. He advised that the property consists of 617 acres including the two new parcels being considered this evening. The applicant is agreeable with the conditions recommended in the staff report and by the ZAB. The mining on the two new parcels will probably not begin for 40 to 60 years.

PUBLIC- There was no public input.

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2nd Vice Chairman Mask moved, with a second by Vice Chairman Gilpin, to approve *C2011-0002 - A Conditional Use Permit For Expansion Of Bedrock Resources, Inc., as presented. The motion carried unanimously 5 – 0.

3. *OP2011-0004 - Amendment Of An Operating Permit (OP2011-0003) For Bedrock Resources, Inc. Limerock Mine On C470 In Sumterville

The Chairman polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Burgess - none; Vice Chairman Gilpin-none; 2nd Vice Chairman Mask - none; Commissioner Hoffman-none; and Chairman Breeden-none.

Ms. Farnsworth advised that the applicant, Bedrock Resources, Inc., is requesting an amendment to Operating Permit OP2011-0003 to allow mining on an additional 56 acres MOL as an expansion of the existing mine. The applicant is agreeable to maintaining the current terms and conditions of the existing Operating Permit with the following amendments: B1 - Expiration date is adjusted to reflect the date of the current amendment.; B2- Legal description is adjusted to include the additional 56 acres MOL. The Development Review Committee reviewed the proposed amendment and recommended approval with the recommended conditions. Twenty-four notices were sent to surrounding property owners with two being returned in support and three returned in opposition.

PUBLIC - There was no public input.

12-13-11-1-a-3 Vice Chairman Gilpin moved, with a second by Commissioner Burgess, to approve *OP2011-0004 - Amendment Of An Operating Permit (OP2011-0003) For Bedrock Resources, Inc. Limerock Mine as presented. The motion carried unanimously 5 – 0.

4. *OP2011-0005 - Renewal Of Operating Permit For Black Gold Compost (Staff Recommends Approval).

CLERK'S NOTE: This item was pulled from the agenda due to improper noticing of the hearing.

12-13-11-1-a-4 Commissioner Burgess moved, with a second by 2nd Vice Chairman Mask, to table *OP2011-0005 - Renewal Of Operating Permit For Black Gold Compost until January 10, 2012 at 5:30 pm, this location, to allow for proper hearing notice. The motion carried unanimously 5 – 0.

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Commissioner Burgess moved, with a second by 2nd Vice Chairman Mask, to approve the extension of the current operating permit for Black Gold Compost until January 10, 2012. The motion carried unanimously 5 – 0.

5. *S2011-0008 - Major Special Use Permit For Conceptual Development Plans For Dredge Spoil Site - Lake Panasoffkee Area (Staff Recommends Approval With Conditions).

The Chairman polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Burgess advised he has had several conversations with County Administrator, Bradley Arnold, and also discussed an email received from Robert and Sonjia Strong; Vice Chairman Gilpin advised he has spoken with County Administrator, Bradley Arnold, several times, has had several conversations with Mr. and Mrs. King and has read the letter from Robert and Sonjia Strong; 2nd Vice Chairman Mask advised he has spoken with County Administrator, Bradley Arnold, and reviewed emails received regarding this matter; Commissioner Hoffman advised he has had conversations with County Administrator, Bradley Arnold, and reviewed the emails received regarding this matter; and Chairman Breeden advised he has also had several conversations with County Administrator, Bradley Arnold, and reviewed the correspondence received regarding this matter.

Ms. Farnsworth gave a summary of this request. Sumter County acquired this property from SWFWMD after completion of the Lake Panasoffkee Dredging Project. A Transfer Agreement between the County and SWFWMD identifies specific public uses that the property may be used for. The purpose of this proposed Major Special Use Permit is to identify allowable public uses for the Lake Panasoffkee Spoil Site that are beneficial to the general public, consistent with the Transfer Agreement and compatible with the surrounding area. The proposed conditions of approval provide development standards to assure that the public use of the property will be compatible with adjacent land uses and to mitigate potential negative impacts. Ms. Farnsworth stressed that the site would not be used as any type of landfill. Conditions address vehicular access, operating hours, noise mitigation, best management practices for firing ranges and permitting. The Development Review Committee recommended approval with the following staff conditions: 1. Use of the subject property shall provide a benefit to the general public and shall be limited to uses specifically allowed in the Agreement for the Transfer of Property to Sumter County, SWF Parcel 19-528-146S. 2. Vehicular access for the general public shall be limited to one gate off CR482S. 3. General public access and activities shall be limited to daylight hours.

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4. The owner/operator shall maintain the existing berm along the north property line to mitigate excess noise generated by Interstate-75 and public usage of the subject property. 5. Use as a firing range shall meet the following standards: a. the property shall be fully secured and posted with appropriate signage; and b. operations shall utilize best management practices for environmental stewardship in accordance with the provisions of Section 790.333, F.S. 6. The owner/operator shall obtain and maintain applicable federal, state, and local permits. Operations shall be in compliance with such agency permits.

There were five notices sent with three being returned in objection and one in favor. There was a petition in objection presented at the ZAB hearing. The ZAB recommended approval by a vote of 5-0 with the conditions listed above as well as the following additions: a) Add a seventh condition - A natural buffer that includes large native trees shall be provided along the inside of the north berm. b) The ZAB asks the County for all due diligence, short of eminent domain, to acquire an alternative access to the property. Five notices were sent to surrounding property owners with four responses from three landowners being returned in opposition. A petition in opposition and photograph of truck traffic on CR482 were submitted during the ZAB hearing.

Bradley Arnold, County Administrator, gave a presentation on behalf of the applicant, Sumter County. Mr. Arnold advised that there are two additional uses contemplated for the property. (1) Provide for a future split interchange at I-75 and C470; and (2) wastewater treatment. Mr. Arnold expressed concerns with the two additional conditions recommended by the ZAB. There was discussion on the condition of CR 482S.

Mr. Arnold recommended an additional condition regarding point of discharge of firearms.

PUBLIC - The following individuals, having been sworn, addressed the Board with their concerns regarding the potential uses of this property: (1) Glenn King, 435 CR 482S, Lake Panasoffkee; (2) Valerie King, 435 CR 482S, Lake Panasoffkee; (3) Mike Muhlbaier, 120 62nd Avenue, St. Petersburg; and (4) Roberta Van Hess, 741 CR 489, Lake Panasoffkee.

Brad Sheperd, 819 E CR476, Bushnell, having been sworn, spoke in favor of the project

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Bradley Arnold offered rebuttal on behalf of the applicant.

Board discussion.

12-13-11-1-a-5 Vice Chairman Gilpin moved, with a second by Commissioner Burgess, to approve *S2011-0008 - Major Special Use Permit For Conceptual Development Plans For Dredge Spoil Site with the following conditions:

1. Use of the subject property shall provide a benefit to the general public

and shall be limited to uses specifically allowed in the Agreement for the Transfer of Property to Sumter County, SWF Parcel 19-528-146S.

2. Vehicular access for the general public shall be limited to one gate off

CR482. 3. General public access and activities shall be limited to daylight hours. 4. The owner/operator shall maintain the existing berm along the north

property line to mitigate excess noise generated by Interstate-75 and public usage of the subject property.

5. Use as a firing range shall meet the following standards: a. the property shall be fully secured and posted with appropriate signage;

and b. operations shall utilize best management practices for environmental

stewardship in accordance with the provisions of Section 790.333, F.S. 6. The owner/operator shall obtain and maintain applicable federal, state,

and local permits. Operations shall be in compliance with such agency permits. 7. A natural buffer that includes native trees shall be provided between the

north property line and the north berm. 8. Point of firearm discharge shall be no closer than 1000 feet to the two

closest existing residential structures as of December 13, 2011.

The motion carried unanimously 5 – 0.

6. CPA2011-0002 Adoption Of Comprehensive Plan Text Amendment To Delete The Optional Concurrency Requirements For Transportation, Parks And Recreation, And Public Schools

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Brad Cornelius, Director of Planning and Development, gave a summary of this proposed action. At the August 16, 2011 Board workshop, the Board directed staff to move forward with amendments to the Sumter County Comprehensive Plan to eliminate the concurrency requirements for transportation, parks and recreation, and public schools. The proposed text amendments remove the concurrency requirements for transportation, parks and recreation, and public schools. On September 19, 2011, the ZAB sitting as the Local Planning Agency held a public hearing on the proposed text amendments and recommended approval by a vote of 4-0. On September 27, 2011 the Board held a public hearing on the proposed text amendments and approved sending the proposed text amendment to the Florida Department of Economic Opportunity (f/k/a Department of Community Affairs) and other state agencies for review and comment. No objections were raised by the Department of Economic Opportunity or any other state agency.

PUBLIC - There was no public input.

12-13-11-1-a-6 Commissioner Burgess moved, with a second by Commissioner Hoffman, to approve CPA2011-0002 - Adoption Of Comprehensive Plan Text Amendment To Delete The Optional Concurrency Requirements For Transportation, Parks And Recreation, And Public Schools and the related Ordinance (2011-17). The motion carried unanimously 5 - 0.

7. CPA2011-0001 Adoption Of Proposed Large Scale Comprehensive Plan Amendment - Sumter Electric Cooperative (SECO)

Sue Farnsworth presented the following matter. The applicant, Sumter Electric Cooperative, Inc. (SECO), is requesting to change the Future Land Use from Commercial and Low Density Residential to Industrial on 59.5 acres MOL. The ZAB recommended approval by a vote of 4-0. There were 26 notices sent with three being returned in objection and three being returned in favor. On September 27, 2011 the Board approved the transmittal of the subject application to appropriate state agencies for their review and comment. Four agencies responded to the transmittal with none identifying any concerns. Since the transmittal, SECO has revised the legal description to exclude unconstructed streets located on one parcel. This modification will allow the applicant to complete the land use amendment process while concurrently pursuing a street vacation. Upon completion of the street vacation the land occupied by the vacated streets automatically reverts to the future land use and zoning of the adjacent properties. CLERK’S NOTE: 2nd Vice Chairman Mask filed with the Clerk Form 8B - Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officer as SECO is his employer and therefore abstained from voting.

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PUBLIC - Jeffrey Schaffer, Weaver Boos Consultants, was present on behalf of the applicant, SECO.

12-13-11-1-a-7 Vice Chairman Gilpin moved, with a second by Commissioner Burgess, to approve CPA2011-0001 - Adoption Of Proposed Large Scale Comprehensive Plan Amendment: Sumter Electric Cooperative (SECO) and the related Ordinance (2011-18). CLERK’S NOTE: 2nd Vice Chairman Mask filed with the Clerk Form 8B - Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officer as SECO is his employer and therefore abstained from voting. The motion carried unanimously 4 – 0.

* Quasi Judicial Hearing 2. REPORTS AND INPUT

a. Proclamation Recognizing Chevrolet’s 100th Year Anniversary

Chairman Breeden read into the record a Proclamation recognizing the 100th Anniversary of Chevrolet. The Proclamation was presented to Richard Lastowka.

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b. County Administrator Report

1. Purchase Orders (For Information Only)

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2. Contract Purchase Orders (For Information Only)

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3. Significant Schedule Of Items (For Information Only)

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4. Road Project Summary Report (For Information Only)

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5. Facilities Development Bi-Monthly Report December 13, 2011 (For

Information Only)

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6. Citizen's Budget Summary (For Information Only)

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7. Sumter County Monthly Misdemeanor Probation Status Report, November 2011 (For Information Only)

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8. Letter Of Support To Lake-Sumter Community College Regarding Pursuit Of Four-Year Degree Programs (For Information Only)

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9. Fiscal Monitoring Report For The Villages Of Sumter, Dated November 15, 2011 (For Information Only)

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10. Requirements Of Tobacco Free Campus Policy (For Information Only)

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11. ADEM Investment Inquiry Response, UHT Milk Processing Facility To Supply Caribbean Export Markets (For Information Only)

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12. Submission Of Application On 12/9/11 To The Tourist Development Council For The Renovation Of The Cow Palace At The Sumter County Fairgrounds (For Information Only)

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13. Request To Amend Setback Requirements For Double Frontage Lots In The Villages (For Direction)

Consensus was not to pursue this at this time.

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14. Proposed Legislation For The 2012 State Legislative Session (For

Direction)

Consensus was for Mr. Arnold to communicate to the County’s lobbyist the County’s position on HB 79/S178; S114; H115/S558; HB024/S050; and HB0597/S0818. There was also some discussion on lightning protection installation.

Mr. Arnold added the following items to his agenda.

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15. Letter from Christine Hill, Rural/Metro Ambulance, regarding Medicare/Medicaid. Rural/Metro is a Medicare/Medicaid provider.

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16. Response Performance Mitigation Plan - Rural/Metro Ambulance

Mr. Arnold advised that the Service Center will now be a staging area for a Rural/Metro unit.

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c. County Attorney

1. Attorney General Opinion Regarding Clarification On Its Statutory Obligation To Provide Funding For Mental Health And Substance Abuse Services (For Information Only)

George Angeliadis, County Attorney, summarized the Attorney General Opinion regarding the County’s funding to LifeStream. Mr. Arnold advised that he would be meeting with LifeStream and would discuss the Opinion with them. This will be discussed more fully at the January, 2012 workshop.

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d. Clerk Of Circuit Court - No report.

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e. Board Members

1. Commissioner Don Burgess

Commissioner Burgess advised he had attended a meeting of the Lake-Sumter MPO last week where officers were elected for 2012. Commissioner Burgess advised that he was elected Chairman for the coming year.

2. Vice Chairman Doug Gilpin

Vice Chairman Gilpin advised he had the privilege of serving as Grand Marshal at the Lake Panasoffkee Christmas Parade on December 10th.

3. Commissioner Richard Hoffman

Commissioner Hoffman invited everyone to attend the reception being held for Hillsdale College on January 17, 2012 in The Villages.

3. 2nd Vice Chairman Randy Mask

2nd Vice Chairman Mask advised he had the pleasure of serving as a judge for the South Sumter High School and Middle School Science Fair.

5. Chairman Garry Breeden

Chairman Breeden discussed the recent ribbon cutting for the Moffitt Cancer Center in The Villages.

f. Public Forum

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

a. MINUTES

1. Minutes Of Regular Board Of County Commissioners Meeting Held On November 22, 2011 (Staff Recommends Approval).

12-13-11-3-a-1 Vice Chairman Gilpin moved, with a second by 2nd Vice Chairman Mask, to approve the minutes of the regular meeting held on November 22, 2011. The motion carried unanimously 5 – 0.

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b. FUTURE PUBLIC HEARINGS OR MEETINGS

1. Schedule A Public Hearing For January 24, 2012 At 5:00 PM, Located At

Colony Cottage Recreation Center, 510 Colony Boulevard, The Villages, FL 32162, For Road Closing Of Fremont Street, Hickory Street, Pine Street, Lemon Street, All Lying East Of Vine Street And The Limits Of Lime Street (Plat Book 1, Page 20) (Staff Recommends Approval).

Sumter Electric Cooperative, Inc. (SECO) has submitted a petition to close the following described roadways in the recorded plat of "Sumterville" in unincorporated Sumter County, Florida said plat being recorded in Plat Book 1, Page 20 of the Official Records of Sumter County, Florida: (a) Lime Street, between the north line of County Road 520 (platted as Cedar Street) to the north line of the plat; (b) Fremont Street, between the west line of Blocks 2 and 71 to the east line of Blocks 1 and 72; (c) Hickory Street, between the west line of Blocks 2 and a7 to the east line of Blocks 1 and 18; (d) Pine Street, between the west line of Blocks 17 and 20 to the east line of Blocks 18 and 19; and (e) Lemon Street, between the west line of Blocks 20 and 35 to the east line of Blocks 19 and 36.

12-13-11-3-b-1 Commissioner Burgess moved, with a second by Vice Chairman Gilpin, to approve the scheduling of a Public Hearing For January 24, 2012 At 5:00 PM, Located At Colony Cottage Recreation Center, 510 Colony Boulevard, The Villages, FL 32162, For Road Closing Of Fremont Street, Hickory Street, Pine Street, Lemon Street, All Lying East Of Vine Street And The Limits Of Lime Street (Plat Book 1, Page 20). CLERK’S NOTE: 2nd Vice Chairman Mask filed with the Clerk Form 8B - Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officer as SECO is his employer and therefore abstained from voting. The motion carried unanimously 4 – 0.

2. Schedule Public Hearings To Rescind Approval And Rezone The River Springs Master Planned Development From MPD To A10C On January 24, 2012, At 5:30 P.M. At Colony Cottage Recreation Center, 510 Colony Boulevard, The Villages, And On February 14, 2012, At 5:30 P.M. At The Sumter County Government Offices, 910 N. Main Street, Bushnell (Staff Recommends Approval).

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Commissioner Hoffman moved, with a second by 2nd Vice Chairman Mask, to approve the scheduling of Public Hearings To Rescind Approval And Rezone The River Springs Master Planned Development From MPD To A10C n January 24, 2012, at 5:30 P.M. At Colony Cottage Recreation Center, 510 Colony Boulevard, The Villages, and on February 14, 2012, At 5:30 P.M. at the Sumter County Government Offices, 910 N. Main Street, Bushnell. The motion carried unanimously 5 – 0.

c. APPOINTMENTS

1. Enterprise Zone Development Agency Committee (Staff Recommends Approval).

12-13-11-3-c-1 Commissioner Hoffman moved, with a second by Vice Chairman Gilpin, to approve the appointment of Rick Hartenstein to the Enterprise Zone Development Agency Committee. The motion carried unanimously 5 – 0.

2. Sumter County Fire And Emergency Medical Services Advisory Board Vacancy (Board's Option).

There was no action taken.

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3. Sumter County Tourist Development Council Vacancy (Staff Recommends Approval).

There was no action taken.

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d. FINANCIAL

1. Purchase Order Approval (Staff Recommends Approval).

PO #54046 in the amount of $157,691.52, payable to CenturyLink for Bushnell PSAP Viper 4.1 Upgrade at Sumter County Sheriff's Office. There is also a Products and Services Agreement included with this PO for Chairman's signature. PO #54047 in the amount of $63,121.53, payable to CenturyLink for Wildwood PSAP Viper 4.1 Upgrade at Wildwood Police Department. There is also a

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Products and Services Agreement included with this PO for Chairman's signature. PO #54277 in the amount of $227,441.00, payable to The Villages Technology Solution Group for a three year contract with Cisco Smartnet for Voice over Internet Protocol (VoIP). PO #54398 in the amount of $29,100.00, payable to Springstead Engineering, Inc. to provide engineering and CEI services for the construction of the drainage and roadway resurfacing project in Lake Panasoffkee, FL. PO #54781 in the amount of $71,340.00, payable to Springstead Engineering, Inc. to provide engineering, environmental consulting and surveying services for the completion of the design and permitting of the T.G. Lee site with SWFWMD for mitigation of future wetland impacts.

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2. Approve And Execute Proposed Updates To The Resolution (2011-64), Section 3, Fee Schedule, For The Sumter County Health Department (Staff Recommends Approval).

This resolution will amend Resolution No. 2011-22 approved by the Board on May 10, 2011 relating to fees to be charged by the Health Department.

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3. Budget Amendment A-17 (FY 11/12) General Fund (Staff Recommends Approval).

The purpose of this budget amendment is to provide an additional $150,000.00 to Public Works in Fund 131 (Stormwater) for FY 2011-2012 to conduct condition assessment and maintenance/repairs; accept ownership and responsibility for these small bridges; task Public Works to develop a sustaining maintenance program and budget for subsequent years, as part of the nascent Stormwater Management Program under development.

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4. Intangible Personal Property Policy And Procedures (Staff Recommends

Approval).

The intent of this policy is to provide guidance for the acquisition, transfer, disposal and recording of tangible personal property located throughout the County.

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5. Sumter County Financial Policies Update (Staff Recommends Approval).

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6. Purchasing Policies And Procedures Section 909 Update - Selection Committee (Staff Recommends Approval).

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7. Establishment Of Sumter County Cash Handling Policy And Procedures (Staff Recommends Approval).

The intent of this policy is to provide guidance for the accurate and secure processing of funds received at various locations throughout the County. This includes funds that are processed by County departments, both manually and through automated processes. This policy recognizes the decentralized nature of the receipting and depositing process while providing for standardized training and an annual review of the revenue structure.

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8. Fraud, Waste And Abuse Policy (Staff Recommends Approval).

The policy is established to facilitate the development of internal controls that will provide for the detection, prevention and reporting of fraud, waste and abuse directed against the Sumter County Board of County Commissioners. It is the intent of the policy to promote awareness of the potential for fraud, waste and abuse throughout Sumter County and to provide guidelines and assign responsibility for the development of adequate internal controls and systems.

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9. Fiscal Year 2012-2013 Budget Calendar (Staff Recommends Approval).

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10. Budget Amendment A-18 (FY 11/12) General Fund (Staff Recommends Approval).

The purpose of this budget amendment is to establish a budget for the Cisco Smartnet Support Contract.

12-13-11-3-d-10 2nd Vice Chairman Mask moved, with a second by Commissioner Hoffman, to approve Agenda Items 1 through 10 under Financial which includes Resolution No. 2011-64 under Agenda Item 2. The motion carried unanimously 5 – 0.

e. CONTRACTS AND AGREEMENTS

1. C468 Multi-Lane, Drainage Pond Purchase And Sales Agreement Between Bigham Hide Company, Inc. And Sumter County (Staff Recommends Approval).

C468 from south of SR44 to the Florida Turnpike is currently designed for expansion to a 4-lane section with associated drainage improvements. Drainage permitting is currently being reviewed by SWFWMD. As part of the drainage pond location analysis an opportunity was identified to relocate a proposed drainage pond on the south side of C468 to lands owned by Bigham Hide Company, Inc. on the north side of C468 and reduce overall land acquisition costs. It is recommended that, if approved, the Board authorize that the necessary funds be transferred to The Hogan Law Firm’s Escrow Account for the closing which is scheduled on or before January 31, 2012.

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2. Interlocal Agreement With Sumter County School Board Concerning Right-Of-Way Acquisition In Support Of C466A Phase III Widening Project (Staff Recommends Approval).

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This is related to the C466A widening project from Powell Road to US 301. The agreement provides for certain pieces of School Board property to be transferred to the County for the project in exchange for several school infrastructure improvements: (1) Improvement of existing crosswalk across C466A; (2) Improvement of the existing school parking lot on the north side of C466A; (3) Improvement and relocation of the school bus drop off area east of Gamble Street; and (4) Improvement and expansion of the existing retention pond area east of the school, to include demolition and/relocation of existing storage buildings in the area of the pond. In exchange for these minor improvements the School Board will transfer the right-of-way needed to widen the road adjacent to

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the School Board property and to expand the pond to meet SWFWMD permitting requirements.

3. Amendment To Agreement With SBCCI, Inc. For Commercial

Inspections Within The Villages Development Of Regional Impact (Staff Recommends Approval).

This will amend the compensation for the new commercial inspections from $25 per inspection to a flat fee of 50% of the fees paid for building inspections charged as part of the building permit. SBCCI, Inc. would also receive $25 per inspection for re-inspections.

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4. Escrow Agreement For Brian’s Electric, Inc. (Staff Recommends Approval).

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5. CodeRed Services Agreement Approval (Staff Recommends Approval).

In January 2009 the Sumter County Sheriff's Office entered into a service agreement with Emergency Communications Network, LLC for CodeRed Communications Services. This agreement is a continuation of those services to be automatically renewed each year. The Emergency Management Department will now oversee this agreement. CodeRed is a high-speed automatic telephone notification service that allows public safety officials to notify residents and businesses within a geographical area of potential threats.

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6. Hawk Landing Commercial Park - Transportation Proportionate Share Agreement (Staff Recommends Approval).

This proposed project is located in the City of Wildwood. A requirement of the City of Wildwood is for the developer, William Keen, to enter into a Transportation Proportionate Share Agreement with the City of Wildwood and Sumter County to mitigate the transportation impacts of the project. The transportation improvements to mitigate the impacts of the project include improvements to the C466 leg of the C466 and US301 intersection. The proportionate share of the costs of these improvements is $17,000. It is anticipated that the $17,000 will be applied to the future improvement to C466 from US301 to CR209. In negotiations with the developer, the County and City of Wildwood concurred that the payment of $17,000 to the County occur at the time of building permitting for Phase I building or by December 31, 2015, whichever occurs first. The proposed Transportation Proportionate Share

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Agreement also provides for the developer to enter into a separate Road Impact Fee Agreement to credit the developer for the payment of the $17,000. The impact fee credit shall not exceed $17,000 or 100% of the road impact fee revenue generated by the project, whichever is less.

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7. Hawk Landing Commercial Park - Impact Fee Credit Agreement For Proportionate Share Contributions Associated With Project (Staff Recommends Approval).

This Impact Fee Agreement for the Hawk Landing Commercial Park Project with William Keen and Kari Keen provides for a maximum impact fee credit of $17,000 or not to exceed the total value of all transportation impact fees generated by the full build-out of the project. Based on current impact fee rates, the anticipated total value of all transportation impact fees generated by the project is $100,022. However, the extent of the proportionate share payment is only $17,000. Consequently, the maximum credit exposure to the County is $17,000, well below the total road impact fees generated by the project.

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8. Award And Enter Into Contract With Daly & Zilch (Florida), Inc. For ITB 027-0-2011/AT Panacoochee Retreats Drainage Improvements And Authorize The County Administrator To Execute The Notice To Proceed At A Later Date (Staff Recommends Approval).

There were five bids received on time as follows: Daly & Zilch (Florida, Inc. - $683,611.55; Cross Environmental Services, Inc. - $924,614.10; R&E Site Development - $895,788.73; C.W. Roberts Contracting, Inc. - $924,614.10; and Art Walker Construction, Inc. - $1,813,590.67. The Selection Committee met on November 30, 2011 and it is their recommendation to enter into contract with Daily & Zilch (Florida), Inc. Upon approval Public Works will hold a pre-construction meeting where construction dates will be determined. Once those dates are set, the Notice to Proceed can be executed by the County Administrator.

12-13-11-3-e-8; 12-13-11-3-e-8-ITB

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9. Award And Enter Into Contract With Art Walker Construction, Inc. For ITB

029-0-2011/AT US 301 Langley Turn Lanes Intersection Improvements At Langley Medical Center At CR 526E And Authorize The County Administrator To Execute The Notice To Proceed At A Later Date (Staff Recommends Approval).

There were four bids received on time as follows: Art Walker Construction, Inc. - $446,775.79; Suncoast Paving, Inc. - $473,532.73; D.A.B. Constructors, Inc. - $474,444.44; and C.W. Roberts Contracting, Inc. - $492,927.28. The Selection Committee met on December 2, 2011 and it is their recommendation to enter into contract Art Walker Construction, Inc. Upon approval Public Works will hold a pre-construction meeting where construction dates will be determined. Once those dates are set, the Notice to Proceed can be executed by the County Administrator.

12-13-11-3-e-9; 12-13-11-3-e-9-ITB

10. Award And Enter Into Contract With C.W. Roberts Contracting, Inc. For ITB 030-0-2011/AT C-470 W Of I75 E To CSX RR ROW And Authorize The County Administrator To Execute The Notice To Proceed At A Later Date (Staff Recommends Approval).

There were three bids received as follows: C.W. Roberts Contracting, Inc. - $128,736.35; D.A.B. Constructors, Inc. - $168,888.88; and Pave-Rite, Inc. - $180,786.64. The Selection Committee met on December 2, 2011 and it is their recommendation to enter into contract C.W. Roberts Contracting, Inc. Upon approval Public Works will hold a pre-construction meeting where construction dates will be determined. Once those dates are set, the Notice to Proceed can be executed by the County Administrator.

12-13-11-3-e-10; 12-13-11-3-e-10-ITB

11. Contract Change Order 15 For The Villages Sumter County Service Center With Emmett Sapp Builders (Staff Recommends Approval).

This Change Order is for an increase in the scope of work for the addition of a video screen in the Teen Lounge area of the Library at a cost of $2,150.40. Late arriving invoices against Owner Direct Purchase Orders were paid by Sumter County and are being credited back to the County from the Emmett Sapp Builders Contract in the following amounts: $3,168.27 for Tom Barrow Company and $7,753.12 for Rexel Electric. The Change Order is for a total decrease of $8,770.99.

12-13-11-3-e-11

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12. Contract Change Order 39 For The Downtown Wildwood Fire Station 31 With Emmett Sapp Builders (Staff Recommends Approval).

This Change Order is for an increase in the scope of work to install one keypad lock at the exterior door for $731.77 and to purchase recliners as part of the Furniture, Fixture and Equipment package for $2,162.74. This is a total increase of $2,894.51.

CLERK'S NOTE: This item was pulled for separate vote at the request of Commissioner Hoffman.

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13. Contract Change Order 40 For The Downtown Wildwood Fire Station 31 With Emmett Sapp Builders (Staff Recommends Approval).

This Change Order is for an increase in the scope of work to add five concrete parking spaces for $5,633.25.

CLERK’S NOTE: This item was pulled for separate vote at the request of Commissioner Hoffman.

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14. CR 673 Small County Road Assistance Program Agreement Contract Number AQ731 Supplemental Amendment 1 (Staff Recommends Approval).

This supplemental amendment to Sumter County Project, FM#429948-1-58-01, Contract #AQ731 will ensure 100% reimbursement of the County's costs to improve the section of CR673 described in the original agreement.

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15. Sumter Communications, Inc. Lease Agreement (Staff Recommends Approval).

This agreement for five years beginning January 1, 2012 is a continuation of leasing services provided by Sumter Communications, Inc. for the National Weather Radio transmitter located on the Sumterville Tower.

CLERK’S NOTE: This item was pulled at the request of Bradley Arnold, County Administrator.

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Commissioner Burgess moved, with a second by 2nd Vice Chairman Mask, to approve Agenda Items 1 through 11 and 14 which includes Resolution No. 2011-65 under Agenda Item 14 under Contracts and Agreements. The motion carried unanimously 5 – 0. Vice Chairman Gilpin moved, with a second by Commissioner Burgess, to approve Agenda Items 12 and 13 under Contracts and Agreements. The motion carried 4 – 1 with Commissioner Hoffman voting nay.

f. GENERAL ITEMS FOR CONSIDERATION

1. Approve Villages Of Sumter-Unit 208-Final Plat Approval (Staff Recommends Approval).

This is for the proposed development of a 143-lot subdivision on 33.27 acres MOL in The Villages.

12-13-11-3-f-1

2. C-468 Multi Lane And Drainage Pond Relocation And Springstead Engineering's Agreement To Modify SWFWMD Permit And Construction Plans (Staff Recommends Approval).

This Agreement with Springstead Engineering, Inc. is for engineering services for design and permitting of the relocated WRA "A" (Bigham Pond) for the CR468 2 to 4-lane project for a maximum amount not to exceed $28,260.00.

12-13-11-3-f-2

3. Construction Engineering And Inspection (CEI) For Panacoochee Retreats CDBG Project (Staff Recommends Approval).

This Agreement with Springstead Engineering, Inc. is for engineering services and construction engineering inspection for the Panacoochee Retreats Drainage and Resurfacing Project, Lake Panasoffkee.

12-13-11-3-f-3

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4. Approve Florida Enterprise Zone Signature Authorization Form Allowing

Bradley Arnold To Sign Florida Department Of Revenue Forms For The Sumter County Enterprise Zone Program (Staff Recommends

This Signature Authorization Form along with the supporting Resolution (2011-66) will allow Bradley Arnold to sign the Florida Department of Revenue forms for the Florida Enterprise Zone Program.

12-13-11-3-f-4

5. T.G. Lee Wetland Mitigation Restoration Environmental Resource Permitting For Future C470 Widening And Others (Staff Recommends Approval).

This Agreement with Springstead Engineering, Inc. is for environmental resource permitting (ERP) for the T.G. Lee/Division of Forestry Project for Wetland Impact Mitigation.

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6. Authorizing Bradley Arnold To Act As Authorized Agent For Any Application Submitted To The Tourist Development Council (TDC) On Behalf Of The BOCC For FY 2012 (Staff Recommends Approval).

12-13-11-3-f-6

7. Inventory Transactions (Staff Recommends Approval).

12-13-11-3-f-7

8. CEI Services From Wade Trim For US301 Turn Lanes (Intersection Improvements At Langley Medical Center And CR526E (Staff Recommends Approval).

12-13-11-3-f-8

9. Reject All Proposals And Re-Bid RFP 022-0-2011/AT P-25 Digital Public Safety Radio Network (Staff Recommends Approval).

Two proposals were received: (1) Motorola Solutions, Inc. (Motorola) and Communications International (Ci). The Selection Committee agreed unanimously to recommend awarding the bid to Motorola and enter into contract negotiations. They also recommended that if the County and Motorola could not come to agreeable terms to authorize contract negotiations with Ci. Ci filed a formal protest on December 6, 2011. The protest was reviewed by the

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Purchasing Agent according to the Purchasing Policies and Procedures. The Purchasing Agent is recommending all proposals be rejected and the project re-bid. The re-bid will include TUSA Consulting Services Conceptual Solutions Report. The new Selection Committee members will be Leland Greek, Scott Cottrell and David Casto.

12-13-11-3-f-9; 12-13-11-3-f-9-RFP

10. Roadway Acceptance - Unit 164 (Staff Recommends Approval).

The acceptance of Unit 164 will increase Sumter County's current roadway infrastructure by .67 miles.

12-13-11-3-f-10

11. Sumter County Policy On Environmental Due Diligence Re: Real Estate And Right-Of-Way Transactions (Staff Recommends Approval).

This policy provides guidance for when County staff should consider a Phase I or Phase II Environmental Site Assessment (ESA).

12-13-11-3-f-11

12. Establish Manufacturing Jobs Tax Credit Economic Development Financial Incentive (Staff Recommends Approval).

12-13-11-3-f-12

13. Approve Villages Of Sumter (VOS ) - Pinellas Place Phase IV Reviewed At The November 7, 2011, Development Review Meeting (DRC), Evans Prairie Country Club Reviewed At The November 14, 2011, DRC Meeting, Hendry Drive Phase I Reviewed At The November 21, 2011, DRC Meeting, Unit 212 And The Villages Of Sumter (TV) - Lazy B Cattle Parking Lot Reviewed At The December 5, 2011, DRC Meeting (Staff Recommends Approval).

VOS - Pinellas Place Phase IV - proposed construction of 1.19 miles of roadway on 70.92 acres MOL in The Villages. VOS - Evans Prairie Country Club - proposed construction of a country club and related infrastructure on 7.88 acres MOL in The Villages. VOS - Hendry Drive Phase I - proposed construction of 0.26 miles of roadway on 2.69 acres MOL in The Villages.

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VOS - Unit 212 - proposed development of a 90-lot subdivision on 21.38 acres MOL in The Villages. TV - Lazy B Cattle Ventures, LTD - proposed construction of a parking lot addition to be used by a commercial development known as Spanish Plaines on 1.82 acres MOL in The Villages.

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14. Villages Of Sumter (VOS) - Unit 180 - Final Plat (Staff Recommends Approval).

This is for the proposed development of a 158-lot subdivision and related infrastructure on 32.58 acres MOL in The Villages.

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15. CR 488 Transferring Ownership (Staff Recommends Approval).

On November 8, 2011 the Board approved to close a portion of CR488 as requested by Lake Pan Holding LLC. This Quit Claim Deed will transfer the County's interest in the property vacated to Lake Pan Holding LLC.

12-13-11-3-f-15 Commissioner Hoffman moved, with a second by 2nd Vice Chairman Mask, to approve Agenda Items 1 through 15 which includes Resolution No. 2011-66 under Agenda Item 4 under General Items for Consideration. The motion carried unanimously 5 – 0. 4. ADJOURN

Prior to adjournment Commissioner Hoffman, on behalf of the Board, recognized and thanked Brad Cornelius for his dedication and fine service to Sumter County and wished him well in his new endeavors.

The meeting was adjourned at 7:15 p.m.