Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS. February 20, 2018

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1 Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS February 20, 2018 CALL TO ORDER: The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:05 a.m. on Tuesday, February 20, 2018 at the Marion County Governmental Complex located in Ocala, Florida. INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by Commissioner Gold and the Pledge of Allegiance to the Flag of our Country. 9:00 AM ROLL CALL: Upon roll call the following members were present: Chairman Kathy Bryant, District 2; Vice-Chair Michelle Stone, District 5; Commissioner David Moore, District 1; Commissioner Jeff Gold, District 3; and Commissioner Carl Zalak, District 4. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes. ANNOUNCEMENTS: Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12C). 1. PROCLAMATIONS AND PRESENTATIONS: Upon motion of Commissioner Zalak, seconded by Commissioner Moore, the Board of County Commissioners (BCC) approved and/or ratified the following: 1A. PROCLAMATION - Engineer's Week - Scott Weeks, Project Manager, CHW Consultants (Approval and Presentation) The Board presented the Proclamation designating the week of February 18 through 24, 2018 as "Engineers Week" to Project Manager Scott Weeks, CHW Professional Consultants; County Engineer staff; members of the local Forest Chapter of the Florida Engineering Society (FES); and several other local professional engineers. Project Manager Scott Weeks, CHW Consultants, advised that the local FES Chapter promotes the importance of science, math and engineering to young people by hosting events such as the annual Math Counts Competition for middle school students. Mr. Weeks advised of an upcoming Engineering Day event to be held at the Discovery Science Center on Saturday, March 24, Chairman Bryant thanked the Engineers for all they do for the citizens of Marion County. Chairman Bryant advised that she would like to move Items 8A and 8B forward at this time, noting Marion County School Board Member Kelly King and Attorney M. Suzanne Green, Bice Cole Law Firm, P.A., are present. 8. COUNTY ATTORNEY: 8k Request Approval of a Resolution, at the Direction of the School Board, that the Board of County Commissioners Request the Supervisor of Elections of Marion County, Florida to Place a Measure on the Ballot for the August 28, 2018, Primary Election for the Electors Book X, Page 649

2 within the School District to Vote on the Approval to Continue a One Mill Ad Valorem Tax for Four Years Pursuant to Section (2), Fla. Stats. (2017) County Attorney Matthew G. Minter presented the following recommendation: Description/Background: The previous additional one mill ad valorem tax approved by referendum in 2014 for necessary operating expenses expires June 30, The School Board of Marion County, Florida has determined that the continuation of the one mill ad valorem tax to be used for necessary operating expenses, levied effective July 1, 2019, for a period of 4 years, subject to referendum approval, is to fund necessary operating expenses including reading, physical education, art, music, library/media, and vocational programs; meeting class size requirements; and retaining State Certified teachers and paraprofessionals with oversight of these expenditures by an independent citizens financial oversight committee, as described in the copy of the School Board's Resolution levying such ad valorem tax, (subject to referendum approval), attached hereto and incorporated herein as an exhibit. Budget/Impact: None. Recommended Action: Move to Adopt the Resolution, at the direction of the School Board, that the Board of County Commissioners request the Supervisor of Elections of Marion County, Florida to place a measure on the ballot for the August 28, 2018, primary election for the electors within the School District to vote on the approval to continue a one mill ad valorem tax for four years, pursuant to Section (2), Fla. Stats. (2017); and transmittal of the Resolution to the Supervisor of Elections. Chairman Bryant opened the floor to public comment. Henry Munoz, Marion Oaks Boulevard, opined that there is no need to extend the one mill ad valorem tax at this time and noted there is no information provided as to the progress that has been made or why there is a need to continue to cover a deficit. Chairman Bryant advised that public comment is now closed. In response to Commissioner Zalak, County Attorney Minter advised that the request is to place 2 separate measures on 2 different election ballots, noting the requests are made pursuant to Florida Statutes (FS). He provided a brief overview of the Statutes and opined that the BCC does not have the discretion to refuse to place the propositions on the ballots. Commissioner Moore questioned the penalties the BCC would face if it refuses to place the propositions on the ballots. Mr. Minter stated there are no penalties specified in the Statute, but it could subject the Board to a civil action for a Writ of Mandamus from the Court to order the BCC to do it, so it is a question of whether the Board wants to go through the expense of the Court system. General discussion ensued. Marion County School Board Member Kelly King, District 5, advised that she is present on behalf of the Marion County School Board, which voted unanimously to move forward with the referendum tax that generates approximately $15,000,000 annually. The money is utilized to provide schools with Media Specialists, Art, Music and Physical Education (PE) Teachers, as well as for Vocational Schools. Chairman Bryant clarified that the request is to place the matter on a ballot and it will be up to voters to decide if they want to continue to pay the tax. In response to Commissioner Zalak, Ms. King advised that the School Board discussed the matter and due to concerns relating to voter fatigue regarding the November 2018 Page 650, Book X

3 General Election, it was decided to place the propositions on separate ballots. In response to Commissioner Gold, Mr. Minter stated the School Board submits the wording of the ballot question. A motion was made by Commissioner Gold, seconded by Commissioner Stone, to adopt Resolution 18-R-049 requesting the Supervisor of Elections to place a measure on the ballot for August 28, The motion was unanimously approved by the Board (5-0). Resolution 18-R-049 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA AUTHORIZING REFERENDUM ON THE SCHOOL BOARD OF MARION COUNTY, FLORIDA CONTINUING ONE MILL AD VALOREM TAX FOR SCHOOL DISTRICT OPERATING EXPENSES. 8B. Request Approval of a Resolution, at the Direction of the School Board, that the Board of County Commissioners Request the Supervisor of Elections of Marion County, Florida, to Place a Proposition on the Ballot for the November 6, 2018, General Election for the Electors within the School District to Vote on Whether the Superintendent of Schools for Marion County, Florida, Should be Appointed and Employed by the School Board of Marion County, Florida, as Authorized by the Florida Constitution County Attorney Matthew G. Minter presented the following recommendation: Description/Background: Pursuant to the provisions of Section 5, Article IX of the Florida Constitution, Section , Florida Statutes provides that in order to submit the proposition to the electors at a general election or a statewide primary or special election, the school board shall request an election by formal resolution, and the board of county commissioners, upon request, shall cause the proposition to be placed on the ballot. The School Board of Marion County, Florida believes that the electors of Marion County, Florida should be asked to determine whether the office of Superintendent of Schools for Marion County, Florida should be appointed and employed by the School Board, as authorized by the Florida Constitution. School Board Resolution 18-02, attached hereto and incorporated herein as an exhibit, requests that the Board of County Commissioners of Marion County, Florida, place a proposition on the ballot in conjunction with the General Election of November 6, Budget/Impact: None. Recommended Action: Move to Adopt the Resolution, at the direction of the School Board, that the Board of County Commissioners request the Supervisor of Elections of Marion County, Florida to place a proposition on the ballot for the November 6, 2018, General Election for the electors within the School District to vote on whether the Superintendent of Schools for Marion County, Florida, should be appointed and employed by the School Board of Marion County, Florida, as authorized by the Florida Constitution. Chairman Bryant opened the floor to public comment. Roger Knechtel, SE 97th Terrace Road, Summerfield, opined that current School Superintendent Heidi Maier is doing a great job and making good decisions. He noted his opposition to the Superintendent position being chosen by the School Board. Jack Stackman, NE 248th Avenue Road, Salt Springs, stated he is in favor of the School Board choosing the Superintendent. He expressed concern with splitting the propositions and opined that they should be placed on the same ballot. Book X, Page 651

4 Commissioner Moore questioned whether the Board has the authority to place both propositions on the same ballot. Mr. Minter advised that the School Board adopted the Resolutions and sent them to the BCC, noting he would not think a single member of the School Board could unilaterally say they want to change their Resolutions. General discussion ensued. Henry Munoz, Marion Oaks Boulevard, opined that both propositions should be placed on the General Election ballot, which allows more voters the opportunity participate. General discussion resumed. Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Gold, seconded by Commissioner Stone, to adopt Resolution 18-R-050 requesting the Supervisor of Elections to place a proposition on the ballot for November 6, The motion was unanimously approved by the Board (5-0). Resolution 18-R-050 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA AUTHORIZING A PROPOSITION BE SUBMITTED TO THE ELECTORS AT THE NEXT GENERAL ELECTION AS TO WHETHER THE SUPERINTENDENT OF SCHOOLS SHOULD BE APPOINTED AND EMPLOYED BY THE SCHOOL BOARD OF MARION COUNTY, FLORIDA, AS AUTHORIZED BY THE FLORIDA CONSTITUTION. 2. GENERAL PUBLIC ITEMS: All members of the public wishing to speak during the "General Public" portion of the agenda will be limited to two (2) minutes to make their request or presentation and will be heard following scheduled requests, which are limited to five (5) minutes. For unscheduled requests, public comment request forms are available in the lobby. If the request or matter requires investigation by County staff, the Chairman will refer to staff for follow-up with the person making the request. 2A. Gerri Gerthe - Marion County Fair Gerri Gerthe, SE 137th Lane, presented 17 page handout in regard to the Marion County Fair. Chairman Bryant passed the gavel to Commissioner Stone, who assumed the Chair. Commissioner Bryant out at 9:37 a.m. Ms. Gerthie advised that her association has filed an application under FS for a Marion County Agricultural Fair, noting the handout includes the proposed Charter submitted to the State of Florida. Commissioner Bryant returned at 9:38 a.m. Chair Stone returned the gavel to Commissioner Bryant, who resumed the Chair. Ms. Gerthe stated the intent of the Marion County Fair is a public service and no association members are paid; however, in the future there will be a need to hire someone for administrative duties (bookkeeping, etc.). She addressed the fair event that took place last year, which did not include livestock or other animals, noting the money raised went back into the community with the exception of funds left out to start the process for this year's fair. Commissioner Moore commented on the date of last year's fair, noting so many other events were held throughout the county on the same day and questioned if the schedule will change this year. Ms. Gerthe advised that the midways used by fairs are booked years in advance and the event has to be booked around their schedules. Page 652, Book X

5 In response to Chairman Bryant, Mr. Minter advised that according to the Statute, the proposed Charter shall be submitted to, and approved by the BCC and then submitted to the Circuit Judge. He stated it is up to the Board to determine whether or not to establish a county fair. There is a potential issue that even though the Department of Agriculture and Consumer Services is the entity that oversees this, the creation of an event called the Marion County Fair may lead one to think it is somehow connected to Marion County government. General discussion ensued. In response to Commissioner Zalak, Chief Assistant County Attorney Dana Olesky-Taylor advised that she has not had the opportunity to review the Charter submitted to the Board by Ms. Gerthe, but opined that when the Charter was submitted to the Department of Agriculture and Consumer Services they would have alerted Ms. Gerthe if she was missing any key elements. If the Charter were to be approved by the BCC and go in front of the Circuit Judge there will be additional requirements and if those are not met then the application would not be approved. Chairman Bryant questioned whether any Commissioner had an issue calling the event the Marion County Fair. Commissioner Gold expressed concern that by calling it the Marion County Fair the BCC will be asked to provide items at no cost that the Board does not normally provide to other local events (bleachers, venue, etc.). General discussion resumed. In response to Chairman Bryant, Ms. Gerthe stated last year the event was able to donate $1,700 to elementary schools, $250 to middle and high school band and drill team programs, as well as $6,600 to Frances Marion Military Academy. Mr. Minter advised that his recommendation is not to have a BCC member on the Marion County Fair Event Board. General discussion ensued. In response to Commissioner Stone, Ms. Gerthe advised that Level II background checks are performed on Fair Board members and those who work with the public (volunteers), noting those who work in the back end of the operation (paperwork, etc.) and other members need only be in good standing. Commissioner Gold addressed the requirement for the event to be audited and questioned if that will go through the same auditing process as county departments. General discussion resumed. It was the general consensus of the Board to direct staff to bring this matter back as an Agenda Item at the March 6, 2018 regularly scheduled BCC meeting. 2B. Cathy Wycoff - Request for Declaration of Emergency for Opioid Crisis Cathy Wycoff did not appear when called upon to speak. 2C. Jack Stackman - Walk-On Agenda Jack Stackman, NE 248th Avenue Road, Salt Springs, commented on Walk-On Items and opined that those should only be for items that require emergency action. He commented on the opioid crisis and opined that the problem of overdose deaths is not prescription drugs, but rather illegally obtained street drugs. Mr. Stackman addressed the county hiring a law firm to prosecute opioid litigation on behalf of Marion County at its February 6, 2018 BCC meeting, which was presented to the BCC as a Walk-on Item. He noted someone will end up paying for this whether or not the county is successful in court. Book X, Page 653

6 Chairman Bryant commented on previous discussions by the BCC regarding the opioid crisis, noting there is an issue and a lot of people are facing the problem; therefore, the County Attorney was directed to review the matter and bring it back for Board consideration and action. (Ed. Note: This matter was again addressed later in the meeting.) Chairman Bryant noted it is the ten o'clock hour. She advised that the Board will continue with public comment after the public hearings are concluded. 6. PUBLIC HEARINGS (Request Proof of Publication) at 10:00 am: Public participation is encouraged. When prompted, please step up to the podium and state your name and address for the record. Please limit your comments to the specific issue being addressed. 6A. PUBLIC HEARING - To Consider Revisions to the Procurement Ordinance Procurement Services Director Susan Olsen presented the following recommendation: Description/Background: The most recent Procurement Ordinance was adopted in Since then, changes have been recommended which are addressed in this version and include, but are not limited to the following: Protest process Adding definitions Approval level clarifications Local vendor definitions Budget/Impact: None. Recommended Action: Motion to approve the Procurement Ordinance revisions and authorize staff to work with the County Attorney's office to finalize as approved by the Board. Deputy Clerk Windberg presented Proof of Publication No. A entitled, "Notice of Public Hearing" published in the Star Banner newspaper on February 9, The Notice states the Board will consider adoption of proposed amendments to the Marion County Procurement Code. Procurement Services Director Susan Olsen provided a brief overview of the proposed changes to the Ordinance, noting the changes will also be incorporated into the Procurement Manual. The department worked with legal and most of the changes were housekeeping or grammatical in nature. The changes also address the protest process offered to vendors. In response to Commissioner Zalak, Ms. Olsen advised that there have been no recent changes by the Legislature regarding the Consultants Competitive Negotiation Act (CCNA) relating to the formal bidding process. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Stone, seconded by Commissioner Gold, to adopt Ordinance revising the Procurement Ordinance. The motion was unanimously approved by the Board (5-0). Ordinance is entitled: AN ORDINANCE OF MARION COUNTY, FLORIDA, RELATING TO THE MARION COUNTY PROCUREMENT CODE; AMENDING CHAPTER 2, ARTICLE VII OF THE MARION COUNTY CODE; PROVIDING FOR CHANGES TO THE PROTEST PROCESS; ADDING DEFINITIONS; Page 654, Book X

7 PROVIDING FOR CLARIFICATION OF APPROVAL LEVELS; PROVIDING FOR CLARIFICATION TO THE LOCAL VENDOR DEFINITION; PROVIDING FOR CORRECTIONS TO CREATE CONSISTENCY PROVIDING FOR INCLUSION IN CODE AND PROVIDING FOR AN EFFECTIVE DATE. 6B. PUBLIC HEARING - To Consider Adoption of an Interlocal Agreement with the City of Belleview to Annex Enclave Parcels, Along Hwy 441 and SE 110th Street, in the City of Belleview Growth Services Director Samuel Martsolf presented the following recommendation: Description/Background: On November 2, 2017, the City of Belleview (City) proposed and requested that Marion County enter into an Interlocal Agreement to annex eight (8) parcels in five (5) enclaves. The City provides utility services to the area and is annexing these remaining properties in the area. The City is proposing an Interlocal Agreement to accomplish an annexation of parcels under Sections (a) and (b), and , Florida Statutes, as the enclaves are developed and/or improved, are ten (10) acres or less in size, and are completely surrounded by the City or are bounded by the City. This Interlocal Agreement identifies enclaves within the City's Utility Service Area, as agreed to by the City and County, and are within the Urban Service Area as provided for by the City's Comprehensive Plan Future Land Use Map Series. The agreement has been reviewed and approved by the County Attorney. This hearing is the only required public hearing for the properties. Budget/Impact: None. Recommended Action: Motion to adopt an Interlocal Agreement with the City of Belleview and allow the Chairman to execute. Deputy Clerk Windberg presented Proof of Publication of a display ad entitled, "Notice of Public Hearings" published in the Star Banner newspaper on February 8, The Notice states the Board will consider an Interlocal Agreement (ILA) concerning annexation of eight enclave lots to the City of Belleview. Growth Services Director Sam Martsolf stated the 8 parcels are within the City of Belleview's urban service area, noting the agreement has been reviewed by Legal and staff recommends adoption of the ILA. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to approve and execute an ILA with the City of Belleview. The motion was unanimously approved by the Board (5-0). Commissioner Gold out at 10:16 a.m. 2C. Jack Stackman Continued Mr. Stackman reiterated his concern with the costs associated with opioid litigation. He commented on Items 7B1 through 7B4 (requests for rescission of liens), noting it is unclear whether the actual costs incurred by Code Enforcement are going to be collected. Mr. Stackman stated the county has a right to recover those expenses. Commissioner Gold returned at 10:18 a.m. 2D. General Public Comment (Limited to 2 Minutes Each Speaker): Book X, Page 655

8 Gavroche Fernandez, NW 16th Avenue, addressed the Board regarding Item 7B3, noting he is the new property owner and has worked hard to make the property a better place to live. Judy Greenberg, NW Highway 320, McIntosh, addressed the Board regarding Item 8C, and expressed her appreciation to those who worked diligently on the proposed Golden Ocala Settlement Agreement. She opined that it is the right thing for the Urban Growth Boundary (UGB), as well as water and natural resources, transportation, etc. Commissioner Moore out at 10:25 a.m. Roger Knechtel, SE 97th Terrace Road, Summerfield, expressed concern with the loss of county staff, especially law enforcement officers and firefighters, and opined that employee wages should be addressed. Chairman Bryant advised that the Board has been working on this issue and requested Chief Jamie Banta, Marion County Fire Rescue (MCFR), and Assistant County Administrator (ACA) Jeannie Rickman meet with Mr. Knechtel to further discuss this matter. Commissioner Moore returned at 10:27 a.m. Virginia Gayle, SW 39th Circle, expressed concern with the condition Marion Oaks Lane and opined that the contractor did a poor job on the roadway. Chairman Bryant advised that she will address this matter later in the meeting. 3. ADOPT THE FOLLOWING MINUTES: (1 set) 3A. January 16, 2018 A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to adopt the meeting minutes of January 16, The motion was unanimously approved by the Board (5-0). 4. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES: 4A. Billy Woods, Marion County Sheriff - Request Approval to use $115,000 from the Law Enforcement Trust Fund to Purchase Electronic Rifle Sights for Deputies The Board considered the following letter dated February 8, 2018 from Sheriff William "Billy" Woods, Marion County Sheriffs Office (MCSO): Description/Background: I am requesting your concurrence in the expenditure of One Hundred Fifteen Thousand ($115,000) Dollars from the Law Enforcement Trust Fund for the purchase of electronic rifle sights for the Marion County Sheriffs Office deputies. There has been an increase in the number of mass shootings and active shooters in the United States over the past few years. One of the most deadly was at the Pulse nightclub shooting, which occurred in Orlando, only a short distance away from Marion County. In that incident an active shooter used a semiautomatic rifle to kill 49 people and injure 58 others. In light of these incidents and other threats our deputies face every day, we are issuing every law enforcement officer in the agency a rifle. We would like to equip those rifles with an Aimpoint electronic sight. The use of the sight would increase our deputies' safety and the safety of citizens as well. The sight would allow officers to acquire their targets much quicker and make more accurate shots under stress. They would also allow for aiming with both eyes open, which allows deputies to see their target as well as their surroundings prior to shooting. Page 656, Book X

9 I certify that this request meets the requirements of Chapter 932 of the Florida Statutes and that there are no recurring expenses for subsequent fiscal years. Respectfully Submitted, Billy Woods, Sheriff A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to approve the expenditure of $115,000 from the Law Enforcement Trust Fund (LETF) to purchase electronic rifle sights for deputies. The motion was unanimously approved by the Board (5-0). 4B. Billy Woods - Marion County Sheriff - Request Approval for the Expenditure of $2,000 from the Law Enforcement Trust Fund for a donation to the 33rd National Conference on Preventing Crime in the Black Community The Board considered the following letter dated February 13, 2018 from Sheriff Woods, MCSO: Description/Background: I am requesting your concurrence in the expenditure of Two Thousand ($2,000) Dollars from the Law Enforcement Trust Fund for a donation to the 33rd National Conference on Preventing Crime in the Black Community which will be held in Jacksonville on May 30, June 1, The Jacksonville Sheriffs Office is the host agency and shares the responsibility of organizing and staffing this conference which is sponsored by the Florida Attorney General. The mission of the conference is to showcase successful programs and promote a positive exchange of ideas and strategies for preventing crime in the black community. The conference will focus heavily on efforts to prevent youth violence and delinquency. I certify that this request meets the requirements of Chapter 932 of the Florida Statutes and that there are no recurring expenses for subsequent fiscal years. Respectfully Submitted, Billy Woods, Sheriff A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to approve the expenditure of $2,000 from the LETF for a donation to the 33rd National Conference on preventing crime in the black community. The motion was unanimously approved by the Board (5-0). 5. CLERK OF THE CIRCUIT COURT: 5A. Request Adoption of the Following Budget Amendment Resolutions: Clerk Ellspermann advised of an amendment to Item 5A4, noting the account number was changed, but the amount being transferred is the same. Upon motion of Commissioner Stone, seconded by Commissioner Moore, the Board adopted the following Budget Amendment Resolutions, as amended, and presented by Clerk Ellspermann: 5A1. 18-R-051 General Fund - Emergency Solutions Program - $149,817 5A2. 18-R-052 General Fund - Sheriff Emergency Management - $61,209 5A3. 18-R-053 General Fund - Sheriff Emergency Management - $76,429 5A4. 18-R-054 General Fund - Supervisor of Elections/Transfers - $3,033 5A5. 18-R-055 Law Enforcement Trust Fund - Transfers - $2,000 5A6. 18-R-056 Law Enforcement Trust Fund - Transfers - $115,000 5A7. 18-R-057 MSTU for Law Enforcement - Sheriff Patrol & CID - $2,000 5A8. 18-R-058 MSTU for Law Enforcement - Sheriff Patrol & CID - $3,000 Book X, Page 657

10 5A9. 18-R-059 MSTU for Law Enforcement - Sheriff Patrol & CID - $11,000 5A R-060 MSTU for Law Enforcement - Sheriff Patrol & CID - $19,945 5A R-061 MSTU for Law Enforcement - Sheriff Patrol & CID - $32,755 5Al2. 18-R-062 MSTU for Law Enforcement - Sheriff Patrol & CID - $115,000 5A R-063 Solid Waste Disposal Fund - Solid Waste Collection - $236,461 5A R-064 Utilities Fund - Utilities - $707,816 (Ed. Note: MSTU is the acronym for Municipal Service Taxing Unit; and CID is the acronym for Criminal Investigation Division.) 7. CONSENT: A motion to approve the Consent Agenda is a motion to approve all recommended actions. All matters on the Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion unless desired by a Commissioner. Upon motion of Commissioner Moore, seconded by Commissioner Stone, the Board acted on the Consent Agenda as follows: 7A. Development Review Committee: 7A1. Request Approval of DRC Waiver Request for Division of Land LDC B(8)(g) - Agricultural Lot Split Establishment of County MSBU for Arthurs Point, Parcel # , Project # , Application #21346, Allen Heine (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf, on behalf of the Development Review Committee (DRC): Description/Background: Section B(8)(g) of the Land Development Code states a County MSBU shall be established for the maintenance of the improvements created by this division prior to final approval and recordation. A waiver to this provision may only be granted by the Board upon review and recommendation by the DRC. The applicant requests waiver because he will form a Homeowner's Association to maintain roads and easements. This agricultural lot split will be located in the southwest portion of the County and contains 4 parcels on acres. DRC action on January 22, 2018, by a vote of 4-0, was to recommend approval subject to a Homeowner's Association being formed with clear documentation providing maintenance responsibility is with that Homeowner's Association. Budget/Impact: None. Recommended Action: Motion to uphold the Development Review Committee's approval to allow the agricultural lot split without the creation of an MSBU for maintenance. 7A2. Request Approval of DRC Waiver Request for Division of Land LDC B(8)(g) - Agricultural Lot Split Establishment of County MSBU for Heine Meadows, Parcel # , Project # , Application #21347, Allen Heine (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf, on behalf of the DRC: Description/Background: Section B(8)(g) of the Land Development Code states a County MSBU shall be established for the maintenance of the improvements created by this division prior to final approval and recordation. A Page 658, Book X

11 waiver to this provision may only be granted by the Board upon review and recommendation by the DRC. The applicant requests waiver because he will form a Homeowner's Association to maintain roads and easements. This agricultural lot split is located in the northwest portion of the County and contains 9 lots on acres. DRC action on January 22, 2018, by a vote of 4-0, was to recommend approval subject to creation of a Homeowner's Association and documents that clearly demonstrate the Homeowner's Association is responsible for the access points. Budget/Impact: None. Recommended Action: Motion to uphold the Development Review Committee's approval to allow the agricultural lot split without the creation of an MSBU for maintenance. 7A3. Request Approval of Final Plat for Candler Hills West Larkhill Subdivision, Application #21138 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf, on behalf of the DRC: Description/Background: On February 19, 2018, the Development Review Committee approved the Final Plat for the Indigo East South Phase IV Subdivision and recommended that the Board approves and authorizes execution by the Chair and the Clerk. This subdivision is located in the southwest portion of the County and contains 49 lots and 4 tracts on acres with.33 miles of private road. Budget/Impact: None. Recommended Action: Motion to approve the subject plat and to authorize the Chair and Clerk to execute the same. 7A4. Request Approval of Final Plat for Indigo East South Phase IV Subdivision, Application #21139 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf, on behalf of the DRC: Description/Background: On February 19, 2018, the Development Review Committee approved the Final Plat for the Indigo East South Phase IV Subdivision and recommended that the Board approves and authorizes execution by the Chair and the Clerk. This subdivision is located in the southwest portion of the County and contains 49 lots and 4 tracts on acres with.33 miles of private road. Budget/Impact: None. Recommended Action: Motion to approve the subject plat and to authorize the Chair and Clerk to execute the same. 7B. Growth Services: 7B1. Request to Rescind the Final Administrative Order of the Marion County Code Enforcement Board Lien, $3,032.96, and Uphold the Certification and Claim of Junk and Litter Abatement Lien $1, for Case No RH2 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf: Description/Background: After working unsuccessfully since September of 2014 to have the then owner (Rolland Briggs) clear the accumulation of junk from his property, Mr. Briggs was found in violation by the Code Enforcement Board and Book X, Page 659

12 amassed a fine and lien in the amount of $3, (including an administrative cost). The accumulation of junk described above was then removed by the County at an abatement cost of $1, (including interest and administration fees). Junk violation fine: $3, Abatement of the Junk: $1, Total liens on the property $4, Property assessed value for tax purposes: $ 46, The property was foreclosed upon in October The new owner is US Bank Trust NA. Code Enforcement was contacted on December 6, 2017, by Tiffany Savoy, of Ellison Realty, the listing agent who requested that the County rescinded the junk violation lien and offered to pay the cost of the abatement lien. Justification of the request was that the current owner was not responsible for creating the violation and that the property has other marketing challenges such as limited development area due to the property's extensive encroachment into the floodplain. The property is currently cleared of any known violations and actively listed for sale. On January 10, the Code Enforcement Board heard the request and voted to rescind the fine and administrative cost totaling $3, if full payment of the abatement cost was delivered within 45 days. Budget/Impact: None. Recommended Action: Motion to approve the request to rescind the Final Administrative Order of the Marion County Code Enforcement Board lien, $3,032.96, and uphold the Certification and Claim of Junk and Litter Abatement Lien $1, for Case No RH2. 7B2. Request Approval for a Release of Lien on Code Enforcement Action Order No DK (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf: Description/Background: On March 25, 2002, the Code Enforcement Board imposed a fine on parcel # and a lien was recorded on March 27, Russell Ward, Assistant County Attorney, reviewed the attached documentation received by Code Enforcement on January 19, 2018, and determined that the County's interest was foreclosed. It is recommended that a Release of Lien be recorded for on Action Order No DK, parcel no Budget/Impact: None. Recommended Action: Motion to approve recording a Release of Lien on Action Order No DK, parcel no B3. Request Approval to Rescind the Marion County Code Enforcement Board Order for Action Order No JB and Also the Interest on the Certification and Claim of Lien Unsafe Structure for Action Order No JB (Budget Impact - None) The Board considered the following recommendation as presented by Growth Services Director Martsolf: Description/Background: The first subject case was an unsafe structure that the county removed for an abatement cost of $2, The lien for abatement of the structure was recorded on January 23, 2004, and has accrued $4, in Page 660, Book X

13 interest (with administrative cost). A subsequent case was a zoning violation, which the CEB found it to be in violation on August 15, The fine reached the maximum of $3, without compliance and was recorded as a lien on August 20, 2014, totaling $3, (with administrative cost). Gavroche Fernandez purchased the property on October 30, 2017, for a reported amount of $55,000. He indicated that he had done his own title search which did not find the liens and he did not purchase a search or title insurance. Mr. Fernandez requested reduction or rescission of the lien. The CEB recommended that the Board of County Commissioners rescind the lien in its entirety including interest with the condition that Mr. Fernandez pays all hard cost of the abatement Action Order No JB plus any administrative fees associated on both cases. This property has been an on-going code and law enforcement issue for many years, and this is the best opportunity to turn it around with a willing new owner. Total: $ 9, Action Order Number Violation Date Lien Filed JB Unsafe Structure 1/23/04 Business in 8/20/ JB improper zone CEB recommendation Mr. Fernandez would pay Fine $ Abatement $ Interest $ Admin $ $2, $4, $29.07 $3, $39.44 $2, abatement cost $ admin fee $ admin fee Total $ 2, Budget/Impact: None. Recommended Action: Motion to approve the Request for the Rescinding of Action Order JB in its entirety and of all interest on the Certification and Claim of Lien for Action Order No JB on the condition that the hard costs for the abatement in Action Order No JB be paid prior to the release of the liens. Growth Services Director Martsolf provided a brief overview of the request, noting the property used to be an 8 room hotel known as the Washington Hotel back in the 1970's. In 2004 an abatement lien was filed in the amount of $2, and has accrued $4, in interest (with administrative cost of $29.00). A subsequent zoning violation occurred and reached the maximum of $3, without compliance and a lien was recorded in 2014, totaling $3, (with administrative cost of $39.44). He advised that the property had become a law enforcement and code enforcement issue until it was purchase by the current owner Gavroche Fernandez (applicant). In response to Commissioner Zalak, Mr. Martsolf advised that a formula was utilized to determine staff costs associated with the abatement ($342.00), which assess the costs by an hourly rate, not by the number of trips. Mr. Bouyounes clarified that paying staff costs in the amount of $ is not included in the recommendation. Commissioner Moore thanked Mr. Fernandez for his efforts in cleaning up the property. In response to Chairman Bryant, Mr. Fernandez advised that he understands the recommendation is for him to pay reduced fees in the amount of $2, A motion was made by Commissioner Moore, seconded by Commissioner Gold, to approve the request for the Rescinding of Action Order JB in its entirety and of all interest on the Certification and Claim of Lien for Action Order No JB on the condition that the hard costs and administrative fees in the amount of $2, be paid prior to the release of the liens. Book X, Page 661

14 Commissioner Zalak noted his preference would have been to include staff costs, but he will agree with the motion. The motion was unanimously approved by the Board (5-0). 7B4. Request Approval for a Partial Release of Lien on Code Enforcement Case No LB (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf: Description/Background: On July 21, 2004, the Code Enforcement Board imposed a fine on parcel # , for a repeat violation and the fine was recorded on July 28, On August 18, 2004, the Code Enforcement Board imposed a fine on parcel # , and the lien was recorded on September 9, 2004, and September 14, Assistant County Attorney Russell Ward reviewed the attached documentation received by Code Enforcement on January 23, 2018, and determined that the County's interest was foreclosed. It is recommended that a Partial Release of Lien be recorded on parcel # only. A Lien against all real and personal property of the Respondent(s) Matthew Behling shall remain in full force and effect. Budget/Impact: None. Recommended Action: Motion to approve recording a Partial Release of Lien on parcel # only. A Lien against all real and personal property of the Respondent(s) Matthew Behling shall remain in full force and effect. 7C. Human Resources: 7C1. Request Approval of Resolutions Updating Pay Grades of Several Job Descriptions within the Marion County Classification Plan (Budget Impact - None) The Board accepted the following recommendation to adopt Resolutions 18-R-065 through 18-R-070, as presented by Human Resources (HR) Director AmandaTart: Description/Background: In an effort to keep job descriptions up to date, the Human Resources Department evaluates positions and pay grades throughout the year. Several job descriptions have been evaluated by the Human Resources Director and have had the pay grade scored using the Position Description Questionnaire (PDQ) process. Based on the results of the evaluation and scoring process it is recommended that the following job description pay grades be update Current Pay Proposed Position Grade Pay Grade Animal Services Director MSTU Assessment Director Procurement Director Tourism Development Director Veterans Services Director Safety and Training Manager The compensation of the Director level positions covered in this agenda item were updated in the FY 17/18 budget, this item will update the pay grades of the job descriptions accordingly. Budget/Impact: None. Page 662, Book X

15 Recommended Action: Motion to approve the resolutions reclassifying the pay grades for the positions of Animal Services Director, MSTU Assessment Director, Procurement Director, Tourism Development Director, Veterans Services Director, and Safety and Training Manager as outlined in the attached resolutions and job descriptions. Resolution 18-R-065 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) ANIMAL SERVICES DIRECTOR POSITION PAY GRADE 26 TO ONE (1) ANIMAL SERVICES DIRECTOR POSITION PAY GRADE 27; WITHIN THE ANIMAL SERVICES DEPARTMENT BUDGET #5170, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. Resolution 18-R-066 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) MSTU/ASSESSMENT DIRECTOR POSITION PAY GRADE 24 TO ONE (1) MSTU ASSESSMENT DIRECTOR POSITION PAY GRADE 27; WITHIN THE MSTU ASSESSMENTS DEPARTMENT BUDGET #4155, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. Resolution 18-R-067 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) PROCUREMENT DIRECTOR POSITION PAY GRADE 24 TO ONE (1) PROCUREMENT DIRECTOR POSITION PAY GRADE 28; WITHIN THE PROCUREMENT SERVICES DEPARTMENT BUDGET #2530, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. Resolution 18-R-068 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) TOURISM DEVELOPMENT DIRECTOR POSITION PAY GRADE 24 TO ONE (1) TOURISM DEVELOPMENT DIRECTOR POSITION PAY GRADE 27; WITHIN THE TOURIST DEVELOPMENT DEPARTMENT BUDGET #2870, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. Resolution 18-R-069 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) VETERANS SERVICES DIRECTOR POSITION PAY GRADE 24 TO ONE (1) VETERANS SERVICES DIRECTOR POSITION PAY GRADE 27; WITHIN THE VETERANS SERVICES DEPARTMENT BUDGET #2910, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. Resolution 18-R-070 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) SAFETY & Book X, Page 663

16 TRAINING MANAGER POSITION PAY GRADE 20 TO ONE (1) SAFETY & TRAINING MANAGER POSITION PAY GRADE 22; WITHIN THE OFFICE OF THE COUNTY ENGINEER DEPARTMENT BUDGET #4121, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. 7C2. Request the Approval of the Activation and Reclassification of the Job Description of Engineering Project Manager I within the Office of the County Engineer (Budget Impact - None) The Board accepted the following recommendation to adopt Resolutions 18-R-071 and 18-R-072, as presented by HR Director Tart: Description/Background: At the January 16, 2018 Board meeting a matrix was approved for the position of OCE Engineering Project Manager. The matrix combined three positions: Engineering Project Manager I, Engineering Project Manager II and Engineering Project Manager III. According to the Fair Labor Standards Act (FLSA), the position of Engineering Project Manager I should be classified as a non-exempt position, while the Engineering Project Manager II and Engineer Project Manager III should be classified as exempt. One single job description with a matrix cannot contain both non-exempt and exempt classification. Therefore, it is recommended to reinstate the job description of Engineering Project Manager I and change the pay grade from a 17 to a 19 to reflect the change made within the matrix as approved at the January 16, 2018 meeting. The job description of OCE Engineering Project Manager with the matrix will still be used for levels II and III of the position. Budget/Impact: None. Recommended Action: Motion to approve the attached resolutions and pay grade adjustments of the position of Engineering Project Manager I within the Office of the County Engineer. Resolution 18-R-071 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, ACTIVATING AND RECLASSIFYING THE POSITION OF ENGINEERING PROJECT MANAGER I PAY GRADE 17 TO A PAY GRADE 19 WITHIN THE OFFICE OF THE COUNTY ENGINEER BUDGETS #4121 AND #3390; AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. Resolution 18-R-072 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING FOUR (4) OCE ENGINEERING PROJECT MANAGER POSITIONS PAY GRADE 19 TO FOUR (4) ENGINEERING PROJECT MANAGER I POSITIONS PAY GRADE 19; WITHIN THE OFFICE OF THE COUNTY ENGINEER BUDGET #4121; AND RECLASSIFYING TWO (2) OCE ENGINEERING PROJECT MANAGER POSITIONS PAY GRADE 19 TO TWO (2) ENGINEERING PROJECT MANAGER I POSITIONS PAY GRADE 19; WITHIN THE OFFICE OF THE COUNTY ENGINEER BUDGET #3390; Page 664, Book X

17 AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. 7C3. Request Approval of Revised Job Description Creating a Competency Matrix for Licensing & Permitting Investigator Positions (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-073, as presented by HR Director Tart: Description/Background: During the recent Building Department reorganization the Licensing & Permitting Investigator position was not included. Reevaluation of the job description has resulted in the implementation of a competency matrix. The department currently has two Licensing & Permitting Investigator positions. One position is filled with a current employee that will be reclassified into a Licensing & Permitting Investigator II based on the qualifications within the matrix and the other position is vacant. The creation of a competency matrix within this position will provide access to a larger candidate pool while providing opportunities for advancement and encouraging employees to obtain industry specific certifications. Budget/Impact: Neutral. Recommended Action: Motion to approve the attached resolution and reclassification of the Licensing & Permitting Investigator positions in the Building Safety Department. Resolution 18-R-073 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING TWO (2) LICENSING & PERMITTING INVESTIGATOR POSITIONS, PAY GRADE 16, TO TWO (2) LICENSING & PERMITTING INVESTIGATOR POSITIONS, PAY GRADES 11, 13, AND 16 WITHIN THE NEWLY CREATED LICENSING & PERMITTING INVESTIGATOR MATRIX WITHIN THE BUILDING SAFETY DEPARTMENT BUDGET #3415; ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES WITHIN THE MARION COUNTY BUILDING SAFETY DEPARTMENT, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. 7C4. Request Approval of the Addition of Ten (10) Contract Litter Crew Worker I positions, Two (2) Contract Litter Crew Worker II positions and the Resolution to Add One (1) Litter Crew Leader position in the Solid Waste Collection Department #4250 (Budget Impact - Estimated Annual Expenditure of $365,050.46) The Board accepted the following recommendation to adopt Resolution 18-R-074, as presented by HR Director Tart: Description/Background: In an effort to address the litter problem in Marion County the Solid Waste Director is requesting an additional litter crew. The litter crew will be comprised of ten (10) Source 2 Litter Crew Worker I positions, two (2) Source 2 Litter Crew Worker II positions and one (1) County employed Litter Crew Leader. The department currently utilizes three inmate litter crews during the week and additional day laborers through Labor Finders during the weekend. Book X, Page 665

18 The addition of these positions employed through Source 2 will build a more consistent team and will lead to a more effective operation. The budget amendment needed to fund these positions and the equipment needed is on this agenda for review and approval. Budget/Impact: Estimated annual expenditure of $365, Recommended Action: Motion to approve the addition of ten (10) Contract Litter Crew Worker I positions, two (2) Contract Litter Crew Worker II positions and the resolution to add one (1) Litter Crew Leader position in the Solid Waste Collection Department #4250. Resolution 18-R-074 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, ADDING ONE (1) LITTER CREW LEADER POSITION PAY GRADE 11; ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES WITHIN THE SOLID WASTE DEPARTMENT BUDGET 4250, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. 7D. MSTU: 7D1. Request Authorization of Refunds to Property Owners in the Citrus Park Road Improvement Area (Budget Impact - Neutral) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck: Description/Background: The following road improvement project has been completed on time and under budget, therefore, this request is presented to amend the assessment roll so refunds can be forwarded to all affected property owners located within the Citrus Park Road Improvement Area. Proposed Proposed Subdivision Final Rate Adjustment Amended Rate Citrus Park 2, , Budget/Impact: A total of $57, to be refunded to the property owners located within the project area. Recommended Action: Motion to amend the assessment roll for Citrus Park Road Improvement Area and authorize the Clerk's Office to prepare and mail refund checks to the property owners within the project area. 7D2. Request Authorization of Refunds to Property Owners in the Turning Hawk Ranch Road Improvement Area (Budget Impact - Neutral) The Board accepted the following recommendation as presented by MSTU Director Hubbuck: Description/Background: The following road improvement project has been completed on time and under budget and, therefore, the Board of County Commissioners is being requested to amend the assessment roll so refunds can be forwarded to all affected property owners located within the Turning Hawk Ranch Road Improvement Area. Subdivision Final Rate Proposed Adjustment Proposed Amended Rate Page 666, Book X

19 Turning Hawk Ranch 11, , Budget/Impact: A total of $28, to be refunded to the property owners located within the project area. Recommended Action: Motion to amend the assessment roll for Turning Hawk Ranch Road Improvement Area and authorize the Clerk's Office to prepare and mail refund checks to the property owners within the project area. 7E. Procurement Services: 7E1. Request Approval of Bid Award: 18B-062, Ralph Russell Park Sports Lighting and Electrical Work - M. Gay Constructors, Inc., Jacksonville, FL (Budget Impact - Neutral; expenditure of $169, as approved in FY 17/18 budget) The Board considered the following recommendation as presented by Procurement Services Director Olsen: Description/Background: On behalf of Marion County Parks and Recreation, Procurement advertised a bid for improvements at Ralph Russell Park to include the removal and replacement of wiring and electrical box, addition of a new sports field lighting system for the softball field, and a Control-Link system for the baseball and softball fields. Improvements will bring the park up to current standards and increase energy efficiency and reduce vandalism. The project is included in the 2016 Parks and Recreation Master Plan and will be funded through the Parks and Recreation Fees Fund. Two (2) responsive contractors submitted bids summarized below: Firm Name City Bid M Gay Constructors, Inc. $169, Mid State Electric of Ocala, Inc. $230, The low bid is below the estimated budget of $215,000. Staff met with the contractor, and Parks and Recreation Director, Jim Couillard, recommends M Gay Constructors, Inc. be awarded the contract. Work is to be substantially complete within 60 days. Attached for review is a contract draft; pending approval at today's meeting, it will be sent to M Gay for signature and upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; project shall not exceed $169,170; up to ten percent (10%) contingency is requested and may be added to the purchase order per the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with M Gay Constructors, Inc., the lowest responsive, responsible bidder for 18B Commissioner Moore commented on the positive improvements being made to Ralph Russell Park. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to approve and execute a contract, upon approval by Legal, with M Gay Constructors, Inc., pursuant to Bid No. 18B-062. The motion was unanimously approved by the Board (5-0). 7E2. Request Approval of Piggyback and Contract: 18PB-036 Seminole County RFP /BJC Collection Services Agreement Penn Credit Corporation, Harrisburg, PA (Budget Impact - Neutral; expenditure is based on value of debt recovered) Book X, Page 667

20 The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: At its February 5, 2013 meeting, the Board approved a contract with Penn Credit Corporation for Debt Collection Services not to exceed five (5) years. With the contract expiring, Penn's representative notified Procurement of a piggyback opportunity with Seminole County for identical services, and at 0.5% lower rate than our own contract; therefore, it is requested the Board approve a contract with Penn based on Seminole's bid awarded October 22, 2014; its first renewal has already been optioned and is effective through October 21, There is a second renewal option allowed for in the contract as well. The necessary paperwork to support the piggyback appears as an exhibit behind our contract; all other supporting paperwork ensuring the piggyback conforms to the Procurement Manual is in the project file. Departments using this agreement include but are not limited to: Utilities, Code Enforcement, and Solid Waste, however, it remains open for any department, except Fire-Rescue which has its own contract through another provider. There are no up-front fees, and Penn's recovery fee (16%) is invoiced after the debt is recovered and returned to the County monthly. Attached for review is a copy of the draft contract. Pending approval at today's meeting, it will be forwarded to Penn, and upon return, and approval by Legal, will be forwarded to the Clerk and Chairman for signatures. Budget/Impact: Neutral; expenditure depends on the value of debt recovered. Recommended Action: Motion to approve piggyback request to and allow staff to issue contract 18PB-036 and upon return, authorize the Chairman to execute the contract with Penn Credit Corporation, under Seminole County RFP /BJC. 7E3. Request Approval of Contract Reassignment Due to Provider Name Change: 98C- 001, Financial Advisor - Public Financial Management, Inc., Orlando, FL (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: At its September 19, 1998 meeting, the Board approved a contract with Public Financial Management, Inc. (PFMI) for the agency to serve as the County's Financial Advisor. Services include financial planning and policy development, debt transactions including short-term financings, notes, loans, letters of credit, and bonds. Additional services when requested may also include impact fee analysis, grantsmanship, or rate or management analysis. Services are developed in concert with, and evaluated by County staff to ensure the overall best solution. Fees may be negotiated on a flat-fee basis, or by using the fee schedule from the original agreement. In January, Procurement was notified of the firm's name change to PFM Financial Advisors, LLC and new FEIN; attached for review is a copy of the firm-signed Third Contract Amendment and approved LRM. If approved today, the original will be presented for signatures after the Board meeting. Budget/Impact: None. Recommended Action: Motion to approve the Third Contract Amendment under 98C-001 with Public Financial Management and authorize the Chairman to Page 668, Book X

21 execute same to reflect the name change to PFM Financial Advisors, LLC, and new FEIN E4. Request Approval of Project Amendment for Construction Manager: 12Q-055-PA- 26, Fire Station #17 Renovations-Silver Springs Shores Dinkins Construction, LLC, Ocala, FL (Budget Impact - Neutral; expenditure of $100, as approved in FY 17/18 budget) The Board considered the following recommendation as presented by Procurement Services Director Olsen: Description/Background: On April 3, 2012, the Board approved contracts with two (2) Construction Managers (CM), the terms of which allow County to select a CM depending on area of expertise, capacity and availability. Facilities has assigned Fire Station #17 Renovations to Dinkins Construction, LLC, to improve the living conditions. Because this station was originally constructed by volunteer firemen, the current living quarters have needs of being updated to today's standards. This will be done by the replacement of the ceiling insulation, which includes the installation of a new 2 x 2 ceiling system; repairing and painting of walls; installation of new kitchen cabinets; and installation of hardie-board on the west wall, which will prevent any water intrusion to the living quarters. The work is scheduled to be substantially complete within 90 days after issuance of Notice to Proceed. Attached for review, is a draft of the contract with the proposal attached as Exhibit A. Pending approval at today's meeting, it will be forwarded to the CM for execution, as written, and upon return, it will be processed for the County Attorney's, Clerk's and Chairman's signatures. Budget/Impact: Neutral; expenditure not to exceed $100, Recommended Action: Motion to approve recommendation and authorize the Chairman to execute project amendment with Dinkins Construction, LLC for work as identified on the scope of work under 12Q-055-PA-26. Commissioner Moore commented on the poor living conditions of Fire Station #17 and thanked staff for bringing the matter forward so that the renovations can be completed. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to approve and execute the project amendment with Dinkins Construction, LLC pursuant to Request for Qualifications (FRQ) No. 12Q-055-PA-26. The motion was unanimously approved by the Board (5-0). 7E5. Request Approval of Bid Award: 18B-076 DRA 3690 Significant Erosion Repair - Hurricane Irma - GWP Construction, Inc - Ocala, FL (Budget Impact - Neutral; expenditure of $76, as approved in FY 17/18 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: On behalf of the Office of the County Engineer, Procurement advertised a bid for significant erosion repair, due to Hurricane Irma, within drainage retention area DRA 3690 at SW 60th Ave. The estimated budget for this project was $108,000 and ten (10) firms' submitted bids. County Engineer, Tracy Straub requests to contract with the low bidder based on the tabulation below: FIRM - City GWP - Ocala TOTAL BID $ 76, Book X, Page 669

22 DAB CONSTRUCTORS - Inglis $ 78, ART WALKER CONSTRUCTION - Ocala $ 79, HAMLET UNDERGROUND - Ocala $ 81, HARTMAN CIVIL - Ocala $ 97, CBS UNDERGROUND - Ocala $ 101, ZORRN - Ocala $ 107, JOHN FINCH - Summerfield $ 112, JAM 5:20 INC Largo $ 199, CW ROBERTS - Ocala $ 222, Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion. Attached for review is a draft of the contract; pending approval at today's meeting, it will be sent to GWP for signature and upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; expenditure of $76, Up to ten percent (10%) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with GWP Construction, Inc. under 18B E6. Request Approval of Bid Award: 18B-055, US 441 Water Main Extension - Salser Construction, LLC, Ocala, FL (Budget Impact - Neutral; expenditure of $1,987, as approved in FY 17/18 budget.) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: On behalf of Marion County Utilities (MCU), Procurement advertised a bid for construction of a water main interconnect between two (2) nonconnected potable water systems (PWS) within the Silver Springs, Silver River, and Upper Silver River Springshed. The proposed water main will be approximately 11,200 LF of 16" PVC connecting the Spruce Creek Golf and Country Club PWS to the Stonecrest PWS and approximately 2,400 LF of 24" PVC to a potential water treatment plant site. This is the second of three (3) projects that is being constructed with the overall goal of interconnecting the entire east side of Marion County's water supply systems from the Silver Springs Regional PWS down to the Stonecrest PWS. The bid opening was conducted by Carrie Hyde representing Procurement Services. Assistant County Administrator and Acting Utilities Director, Angel Roussel, recommends award to Salser Construction, LLC based on the tabulation below: Firm Name - City Bid Salser Construction, LLC Ocala $ 1,987, Hartman Civil Construction Co, Inc. - Ocala $ 1,993, Art Walker Construction, Inc. Lowell $ 2,000, T&C Underground, Inc. - Ocala $ 2,037, Young's Communication Co, Inc. - Melbourne $ 2,262, Commercial Industrial Corp - Ocala $ 2,395, Page 670, Book X

23 Attached for review is a draft of the contract; pending approval at today's meeting, it will be sent to the contractor for execution as written and upon return, will be forwarded for the County Attorney, Clerk of the Court, and Board Chairman's signatures. The project's funding is supported by both a SJRWMD grant reimbursement and the approval of a budget amendment on today's agenda. Budget/Impact: Neutral; the project's cost is $1,987,135.42, and up to ten percent (10%) contingency may be added per the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute the contract with Salser Construction, LLC for bid 18B E7. Request Approval of Contract Reassignment: 15B-009 Annual Supplies - Signs, Striping and Signal Materials and 15B-058 Pavement Markings - Tolle Roads, LLC, Sanford, FL (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: At its February 17, 2015 and March 3, 2015 meetings, the Board approved contracts with Whiteleaf, LLC, dba Traffic Solutions for Annual Supplies Sign, Striping and Signal Materials and the County's Pavement Marking and Striping program, respectively. Both contracts have been held in good standing. Procurement received a written notice from Whiteleaf that it had been purchased by Tolle Roads, LLC; they request that their current contracts be reassigned to Tolle Roads. The reassignment would allow the county to continue utilizing these services in specific sections, as they were awarded. Attached for review is a draft of the contract amendments for both contracts, acknowledging the reassignment. Upon approval at today's meeting, the amendments will be sent to Tolle Road for signature, as written, pending return and approval by Legal, they will be forwarded for the Clerk's and Chairman's signature. Budget/Impact: None. There is no cost associated with this contract amendment, however, each project assigned hereafter, will be paid based on the fee schedule agreed upon in the original contract. Recommended Action: Motion to approve the reassignment and authorize the Chairman to execute Second Contract Amendment under 15B-009 and First Contract Amendment under 15B-058 with Tolle Roads, LLC respectively. 7E8. Request Approval of Piggyback and Contract: 18PB Lake County ITB Purchase and Installation of Precast Concrete Restrooms at County Parks - Leesburg Concrete Company, Inc., Leesburg, FL (Budget Impact - Neutral; expenditure of $136,338 as approved in FY 17/18 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: Marion County Parks and Recreation (MCPR) seeks to add restroom facilities to the Belleview Sportsplex soccer fields, and after researching the acquisition possibilities, discovered Lake County advertised and received bids for similar services in April, The contract for providing and installing a pre-cast concrete restroom (among other buildings), was awarded to Book X, Page 671

24 Leesburg Concrete Company, Inc., for an initial year with up to four (4) additional renewal options. The first renewal option has been entered into; therefore the contract remains valid, and all conditions have been met to support the piggyback request. Attached for review is a copy of the contract with Lake County's contract as Exhibit A, as well as MCPR's quote for this location based on the fee schedule under the Invitation to Bid. If approved today, the contract will be sent to Leesburg Concrete Company, Inc., for execution, and upon return and approval by the County Attorney, forwarded for the Clerk and Chairman's signatures. Budget/Impact: Neutral; expenditure of $136,338. Up to 10% contingency may be added if needed, and as allowed in the Procurement Manual. Recommended Action: Motion to approve piggyback request and allow staff to issue contract 18PB-098 and upon return, authorize the Chairman to execute the contract with Leesburg Concrete Company, Inc. under Lake County ITB E9. Request Approval of Contract Extension: 186E-008 Post Disaster Emergency Debris Recovery - Hamlet Underground, LLC, Ocala, FL (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: On September 19, 2017, the Board approved termination of the county's emergency debris recovery contract with Bergeron Grubbs Emergency Services JV as the company was unable to fulfill their contract terms. At the same time, a contract was awarded for Post Disaster Emergency Debris Recovery to Hamlet Underground, LLC after Hurricane Irma. Hamlet Underground has been expeditiously picking up, hauling and grinding Irma storm debris, however, some storm debris still remains. The contract is due to expire soon, and the Office of the County Engineer requests a ninety day extension to allow time for the remaining debris to be recovered. Attached for review is a draft contract amendment; pending approval at today's meeting it will be sent to the contractor for signature and upon return, will be forwarded for the County Attorney, Clerk and Chairman's signatures. Budget/Impact: None. Recommended Action: Motion to approve extension and allow staff to issue First Contract Amendment, and upon approval by Legal, authorize the Chairman to execute contract amendment with Hamlet Underground, LLC, under 186E E10. Request Approval for Purchases over $50,000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen: Description/Background: The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement Code/Manual, pending approval at today's meeting: Purchase Order /Ten 8 Fire Equipment Fire-Rescue requests approval to purchase various extrication equipment including three (3) each of the following: 6.5HP Honda gas twin power unit with roll cage, 28" spreader, SLC 28 vertical, 7 3/8" cutter, SLC 29 vertical, 40" telescoping lightweight ram, bracket TLS 40 telescoping ram, and six (6) each 30' twin line bonded extensions. Procurement in accordance with BCC Ten 8 Standardization 09ST-139. Total cost of $58,746; funds available in account infrastructure sales tax revenue. Page 672, Book X

25 Payment Request/United Data Technologies (UDT) Information Technology presents for ratification of a portion of an emergency purchase of the Judicial Center's replacement video surveillance system. Hardware cost is $94,535.38, with installation cost of $9,520 to be paid after completion. Procurement in accordance with WSCA cooperative agreement WSCA-14-ACS. Total cost $104,055.38; funds available in Facility Management accounts ($70,800), ($23,735.38), and ($9,520). Purchase Order /Alan Jay Ford Lincoln Mercury Fire-Rescue requests approval to purchase two (2) 2018 Ford Interceptors, AWD, 3.5L with 6 Speed automatic transmission to include light package, siren and speaker wiring and keyless entry using sales tax infrastructure funds. Procurement in accordance with NJPA contract NAF. Total cost $80,046.94; funds available in ($40,023.47) and ($40,023.47) - both infrastructure sales tax revenue. Purchase Order /Motorola Solutions Fire-Rescue requests approval to purchase Motorola APX8500 radios for six (6) new rescue vehicles to include all band mobile antennas, adapter cables, trunking and control head software, and dual control HD hardware. Procurement in accordance with BCC Motorola Standardization 12ST-196. Total cost $77,175; funds available in ($37,282.50) and ($39,892.50) - both infrastructure sales tax revenue. Recommended Action: Motion to approve purchases over $50,000. 7F. Solid Waste: 7F1. Request Approval of Capital Equipment Purchases to Support the Litter Plan (Budget Impact - Expenditure of $129,320) The Board accepted the following recommendation as presented by Solid Waste Director Mike Sims: Description/Background: Board provided consensus for staff to proceed with a litter plan to provide for litter control covering half of the county, which County staff will also be performing right of way mowing. This item is seeking approval of the capital equipment needed to support this plan, as listed in the table below. Accompanying this item on today's agenda are two additional related items, including one under HR requesting the addition of a Litter Crew Leader position and a budget amendment to transfer funds into the appropriate line items. Four Rough Terrain Vehicles $ 51,328 Two Pick-up Trucks with Necessary Accessories $ 56,052 Two Landscape Style Trailers $ 9,940 Four Hand-Held Radios $ 12,000 Total Equipment Costs $ 129,320 More detail is provided below for the purchases over $50,000: Pending Requisition/Alan Jay Chevrolet Cadillac, Inc. - Fleet Management / Solid Waste requests approval to purchase two (2) 2018 Chevy Silverado 2500 regular cab 4WD with 8' bed work trucks including trailering package, electronic brake controller, two additional keys, Whelen vertex 4-corner hideaway LED strobes kit and dealer installed HD spray-on bed liner including tailgate. Book X, Page 673

26 Procurement in accordance with NJPA contract NAF. Total cost $56,052.00; funds available in account Pending Requisition/Ridge Equipment Co, Inc. Fleet Management / Solid Waste requests approval to purchase four (4) Kubota RTV-X900G-A including hydraulic dump box, grill guard, heavy duty worksite tires, locking glove box black poly top and roof mounted strobe light. Procurement in accordance with Florida Sheriffs Association Contract FSA17-VEF15.0. Total cost $51, ($12, each); funds available in account The requisitions listed above have been received by Procurement Services and are approved for conformance with the Procurement Code/Manual, pending approval at today's meeting. Budget/Impact: Expenditure of $129,320 for the purchases of equipment. Recommended Action: Motion to approve purchases of capital equipment to support the litter plan as listed in this item, including purchases over $50,000. 7G. Tourist Development 7G1. Request Approval of Tourist Development Council (TDC) Funding Requests (Budget Impact - Neutral; Expenditure of $27,500, as approved in the FY 2017/18 Budget) The Board accepted the following recommendation as presented by Tourist Development Executive Director Loretta Shaffer, Ocala/Marion County Visitors & Convention Bureau (VCB): Description/Background: The Tourist Development Council (TDC) is seeking approval of the following funding requests for organizations that have festivals, events or programs which support the TDC's mission to bring visitors to Ocala/Marion County: Sports Event Funding Program: Cal Ripken Rookie Qualifier $15,000 Cal Ripken Rookie Southeast Regional $12,500 Total funding request approved by the TDC on February 8, 2018 $27,500 The economic impact calculator and weekly Smith Travel Research (STR) report has been attached for the sports event funding requests. Budget/Impact: Neutral; Expenditure of $27,500, as approved in the FY 2017/18 budget. Recommended Action: Motion to approve the Tourist Development Council funding requests. 7H. Transportation - County Engineer: 7H1. Request Approval and Adoption of a Resolution for the Conveyance of a Portion of Parcel ID (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub, Office of the County Engineer (OCE): Description/Background: Marion County Utilities currently owns a 35' X 50' portion of Parcel# located in Silver Springs Unit 23. This portion of the property has a County lift station on it, and Utilities is seeking to expand the lift station to provide better sewer service to the surrounding area. The remainder of the parcel is necessary for the expansion. The State of Florida Department of Transportation owns the property and requires a formal resolution as part of their application to convey property to Marion County. Page 674, Book X

27 Budget/Impact: None. Recommended Action: Motion to approve and adopt the attached resolution and to authorize the Chair and Clerk to execute the same. Resolution 18-R-075 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA, IN SUPPORT OF CONVEYANCE OF CERTAIN REAL PROPERTY BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE - MARION COUNTY UTILITIES EXPANSION OF AN EXISTING LIFT STATION AND PROVIDING AN EFFECTIVE DATE. 7H2. Request Approval of the Release of a Subdivision Improvement Agreement with Irrevocable Letter of Credit with Maricamp Land, LLC for Maricamp Market Centre RePlat - Phase 1 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE: Description/Background: This is a request to approve the Release of a Subdivision Improvement Agreement with Irrevocable Letter of Credit associated with Maricamp Market Centre RePlat Phase 1. The improvements were inspected on January 11, 2018 and a Certification of Satisfactory Completion letter was sent to the Developer. The release will be recorded in the Public Record for proper satisfaction of the letter of credit. Budget/Impact: None. Recommended Action: Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same. 7H3. Request Approval of the Resolution and License Agreement with the Florida Department of Transportation (FDOT) to Allow the County to Connect to FDOT's Intelligent Transportation System (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, OCE: Description/Background: The Florida Department of Transportation (FDOT) has offered to provide local agencies access to video feeds from FDOT's Intelligent Transportation system. This is beneficial to the County as it provides additional cameras for use in monitoring traffic and will allow more County devices to be connected to the Traffic Management Center (TMC). Access will be provided through a license agreement with no fees between FDOT and Marion County. The agreement becomes effective upon execution by both parties. There is no termination date; however, either party can terminate at any point in time, without notice, and for any reason. Along with approval of the license agreement, FDOT requires a resolution providing the authority to execute the license agreement. Budget/Impact: None. Recommended Action: Motion to approve the Resolution and License Agreement with the Florida Department of Transportation to allow the County to connect to FDOT's Intelligent Transportation System. Resolution 18-R-076 is entitled: Book X, Page 675

28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR EXCHANGING TRANSPORTATION RELATED INFORMATION. Commissioner Zalak out at 10:39 a.m. 8C. Request Approval of the Settlement Agreement Concerning Golden Ocala Approvals County Attorney Matthew G. Minter presented the following recommendation: Description/Background: Marion County is currently involved in a Declaratory Judgment Action civil case; Peter Bowers v. Marion County, Florida, Case No CA-2069, and a Florida Department of Administrative Hearing proceeding; Peter Bowers v. Marion County, Florida and Intervenors, Golden Ocala Equestrian Land, LLC, et al.("golden Ocala"), Case No GM. These cases arise from the action of the Board of County Commissioners in their approval of a comprehensive plan amendment for the development of the Golden Ocala property. The parties have reached a settlement agreement which, if approved by the Board, will result in dismissal of both of the above-referenced legal challenges to the Plan Amendment. Mr. Roberts has made significant accommodations in the proposed agreement, including the construction of a three-, or four-lane internal entrance drive from State Road 40 to the World Equestrian Center; and the agreement to have the 1 unit / 3 acre lots served by central water and sewer. Note: This settlement agreement does not eliminate the requirement for a Developer's Agreement with Marion County. Budget/Impact: None. Recommended Action: Motion to approve the Settlement Agreement Concerning Golden Ocala Approvals, and authorize the County Attorney to prepare and file the necessary pleadings to dismiss the pending challenges. County Attorney Minter provided a brief overview of the proposed Settlement Agreement, which relates to 2 different proceedings. The first is a proceeding before the Division of Administrative Hearings, challenging the Comprehensive Plan related to Golden Ocala Approvals and the second is a Declaratory Judgment Action lawsuit, both of which were initiated by Peter Bowers. He expressed his appreciation to Mr. Bowers and Mr. Roberts for their efforts in the matter. Mr. Minter advised of communication received from attorney David MacKay expressing concerns regarding the proposed entranceway on State Road (SR) 40 going into the project relating to buffering for the Sherman Oaks subdivision as depicted on the Exhibit in this Agreement. Commissioner Zalak returned at 10:41 a.m. Mr. Minter clarified that the Settlement Agreement does not bind the Board to approve the proposed entranceway or its location, noting any adjustments to the Planned Unit Development (PUD) will have to go through the public hearing process. Jimmy Gooding, SE 36th Avenue, attorney representing the developer, addressed the Board regarding previous discussions relating to the Comprehensive Plan and the PUD approval process associated with the project, noting the 2 major issues were traffic, and the request to utilize well and septic tanks on the 3 acre equestrian estate lots. Chairman Bryant passed the gavel to Commissioner Stone, who assumed the Chair. Commissioner Bryant out at 10:44 a.m. Page 676, Book X

29 Mr. Gooding advised that in regard to traffic, most of the concerns expressed related to traffic patterns from concerts to be held at the World Equestrian Center (WEC), which are allowed by right, but were not particularly studied in the traffic study. He opined that the WEC is designed primarily as an equestrian facility and noted most of the people who will be attending the equestrian events will be participants. The other permitted uses have a traffic pattern consistent with the equestrian facility, where people will come and go throughout the day as the events are scheduled. Mr. Gooding provided an example of where the use of a facility (e.g., High School) was the main part of a traffic study, but the special events (i.e., football games, graduation ceremony, etc.) were not included. He advised that another issue regarding concerts was the access on SW 80th Avenue as the main entrance to the WEC and the hotel, noting at that time the project did not contemplate direct access from SR 40. Mr. Gooding noted part of the Settlement Agreement stipulates that no concert use will be allowed as of right and the facility will have to obtain a Special Event Permit, limited to 4 times per year; and a traffic management plan including use of law enforcement, if needed, will be included in the permitting process. Commissioner Bryant returned at 10:47 a.m. Chair Stone returned the gavel to Commissioner Bryant, who resumed the Chair. Mr. Gooding addressed the entrance from SR 40, noting Mr. Roberts has acquired additional property to the east of the project going towards SW 80th Avenue and is now proposing 2 entrances on SR 40 that will be dedicated to the WEC and the hotel that will include either a 3 lane or 4 lane driveway for traffic going into and out of the property, which will help alleviate traffic issues on SW 80th Avenue. Mr. Gooding addressed the second major issue, which was the request to utilize well and septic tanks on the 3 acre equestrian estate lots. If the issue would have gone to hearing, the developer was prepared to present an expert that would testify that the amount of nitrogen contributed to the groundwater by the 300 permitted septic tanks were less than the amount of nitrogen contributed if central utilities were used and the lots sizes were not limited to 3 acre lots. He advised that due to the timeline involved with the hearing process, the developer agrees to have the 3 acre lots served by central water and sewer, with an exception for irrigation wells, which is also a part of the Settlement Agreement. Mr. Gooding commented on the Concurrency Management Agreement, which the developer is required to enter into prior to any facility being opened, noting a draft agreement will be provided to county staff within the next 2 weeks. Mr. Gooding thanked the BCC and county staff, as well as Mr. Bowers and his attorney for working together on the Settlement Agreement. Chairman Bryant thanked all parties for working together to bring a product that we can all be proud of. She stated she would like to give Mr. Bowers the opportunity to address the Board on this matter. Peter Bowers, NW 21st Street, expressed his appreciation for being given the opportunity to put his stamp of approval on the Settlement Agreement. He opined that this is a great step forward for the community, noting it is a better plan now than it was before this process started. Mr. Minter advised of an electronic mail ( ) he received from Mr. MacKay expressing concern with the Exhibit in the Settlement Agreement showing the roads and requested that "at the very least the record should clearly indicate that the final location approved will be within the discretion of the BCC and that this agreement will not be binding on that decision". Mr. Minter noted he and Mr. Gooding are in agreement with that statement. He Book X, Page 677

30 advised that Mr. MacKay also stated that "to approve the location now is in contradiction to the approved PUD map", noting he is not sure that he would totally agree with that wording. Mr. Minter stated the important thing is for the Board to understand that approval of the Settlement Agreement does not bind the BCC to approve that entranceway, which will be subject to further public hearings. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to approve the Settlement Agreement concerning Golden Ocala Approvals, and authorize the County Attorney to prepare and file the necessary pleadings to dismiss the pending challenges. The motion was unanimously approved by the Board (5-0). 9. COUNTY ADMINISTRATOR: 9A. Administrative Updates County Administrator Mounir Bouyounes advised that Public Relations Director Nick Zoller will provide several updates this morning. 9A1. Marion County Government Day - Nick Zoller, Director of Public Relations Public Relations (PR) Director Nick Zoller stated the first update is tied to a goal that was in the Administrative Strategic Plan entitled, "Empowering Marion For Success" approved by the BCC in December of 2016, and that goal is Marion County Government Day. The purpose of Marion County Government Day is to offer an interactive and informative experience that is a little less structured than the typical office environment. He advised that Marion County Government Day will be held at the McPherson field across from the BCC auditorium on Saturday, March 24, 2018 from 9:30 a.m. to 2:00 p.m. Also participating in the event will be staff from the MCSO, Tax Collector, Supervisor of Elections, and other Constitutional Officers. Mr. Zoller stated the second update is also a goal from the Administrative Strategic Plan, which is to have long range communications, planning, and efforts surrounding some of the major county topics. One of those topics is bringing awareness of what sales tax projects are and what those funds are going towards. He presented a 1 page handout regarding a new branding material that has been developed, entitled, "Empowering Marion Your Penny At Work!" and noted more information can be found at In response to Commissioner Gold, Mr. Zoller stated if the BCC desires to place the sales tax matter on the 2020 ballot for renewal, the goal will be to utilize the same branding for educational materials the county would put out regarding the accomplishments of the one cent sales tax. General discussion ensued. Mr. Bouyounes commented on Marion County Day and requested that any ideas or items the BCC or Constitutional Officers would like to add to the Agenda for that day, to please reach out to county staff to make them part of the event. Chairman Bryant encouraged the Board to provide any input or suggestions to Mr. Zoller regarding branding materials. Mr. Bouyounes advised that he would like to address Item 13A7 at this time. 13A7. Present Notification of the Appointment of Jared Goodspeed as Marion County Facilities Management Director. Mr. Bouyounes introduced Jared Goodspeed as Marion County's new Facilities Management Director beginning February 26, Page 678, Book X

31 Jared Goodspeed provided a brief overview of his background and noted he is looking forward to supplying years of service for Marion County. Mr. Bouyounes stated current Facilities Director Andy Race's last day is March 30, 2018, but noted he will continue to serve the county on a contract basis to complete some of the ongoing projects. (Ed. Note: This matter was again addressed later in the meeting.) 9B. Request Denial of a Request to Rescind the Marion County Code Enforcement Board Lien for Action Order Number's BP and GL County Administrator Bouyounes presented the following recommendation from Growth Services Director Martsolf: Description/Background: Mr. Benjamin was and remains the property owner since these violations, fines and liens were applied in The initial violation was for junk, litter, unserviceable vehicles, and storage of vehicles, which was a repeat violation of a previous violation. The violations remained, and the Code Enforcement Board (CEB) on May 15, 2002, found it to be in violation. This case violation remained past the time given by the CEB, and a fine was imposed on June 19, The fine reached the maximum of $10, and included the repeat violation fine of $ and a lien was recorded on June 25, Subsequently a violation of accumulation of junk and a repeat violation of the above-referenced case was presented to the CEB on June 7, 2006, where the CEB found it to be in violation. Compliance was obtained however the CEB imposed a fine of $1, for the repeat violation and a lien was recorded for that violation on June 9, Total lien on property Action Orders (two): $ 11, Property assessed value for tax purposes: $ 57, On October 3, 2017, the owner, Calvin G. Benjamin, requested that the County rescind liens on the two orders since he indicated he was not living on the property and had been going through divorce at the time. The request was heard by the Code Enforcement Board on November 8, 2017, with no recommendation as justification was lacking. He was advised to take the request to the Board of County Commissioners. All case information was sent to the County Attorney's office for review. Budget/Impact: None. Recommended Action: Due to the repeated nature of these violations, motion to deny the rescission and to affirm the Code Enforcement Board Orders in their entirety for Action Order No BP and GL. Growth Services Director Martsolf provided a brief history of the repeat violations associated with this property. In response to Chairman Bryant, Mr. Martsolf stated staff costs associated with the violations are $ for a total of $11, Calvin G. Benjamin, SE 135th Street advised that he was awarded the property in his divorce case, noting some of the violations occurred while his ex-wife was living on the property. General discussion ensued. In response to Chairman Bryant, Mr. Martsolf provided a breakdown of the timeline and fines associated with the violations. He advised that staff went out to the property last week and found the property remains clear of the violations. Book X, Page 679

32 General discussion resumed. In response to Chairman Bryant, Mr. Benjamin stated he was present at the Code Enforcement hearing in General discussion ensued. A motion was made by Commissioner Stone, to deny the rescission and affirm the Code Enforcement Board Orders in their entirety for Action Order No BP and GL. The motion died for lack of a second. General discussion ensued. Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to reduce the liens on Action Order No BP and GL to $2,500 plus hard costs in the amount of $ for a total of $2, to be paid in full within 90 days or the liens will revert back to the original total of $11, Commissioner Gold questioned whether 90 days is sufficient time to allow Mr. Benjamin to obtain a loan. Commissioner Bryant stated she will amend her motion to allow Mr. Benjamin 120 days to pay the liens. The motion, as amended, was unanimously approved by the Board (5-0). Chairman Stone returned the gavel to Commissioner Bryant who resumed the Chair. 9C. Request Approval of a Memorandum of Understanding (MOU) between Marion County and BigWig 4, LLC, Relating to a Proposed Transaction to Transfer Property Ownership of the following Parcel Identification Numbers: , , and County Administrator Bouyounes presented the following recommendation: Description/Background: County staff has been in discussions with a private entity, BigWig 4, LLC (BigWig), to facilitate a transfer of property ownership between both parties. The attached MOU as reviewed by the County Attorney, is presented for board consideration and approval, with requests for any direction to be included as part of a final, forthcoming purchase agreement for this proposed transaction. BigWig is the current owner of the former Wells Fargo building located near the Marion County Judicial Center (parcel number ). The county owns parcel numbers (Visitors and Convention Bureau) and (parking lot), both located in nearby proximity, and has been approached by BigWig expressing interest in these parcels for development purposes. Approval of this MOU is an initial step in the process to outline the broad framework of the proposed transaction based on current understanding. The proposed sale amount of Bigwig's property would be $1,680,000 and the collective sale amount of the County's two parcels would also equal $1,680,000. Some contingencies are identified in the MOU, including a simultaneous closing and Bigwig's sale of the parking lot to the City of Ocala to aid in their redevelopment plan for the area. The County intends to relocate the offices in the existing Visitors and Convention Bureau building, including Tourism Development and Guardian ad Litem program staff, to the building to be acquired in this transaction. With frontage on Silver Springs Boulevard this would be a more visible location for Visitors to find while also maintaining convenience to the Judicial Center for Guardian ad Litem program needs. This building will also allow for additional space to meet any future County facility needs that may arise in this central location. Budget/Impact: None. Page 680, Book X

33 Recommended Action: Motion to approve the MOU and authorize staff to continue negotiations with the intent to bring a purchase agreement back to the board at the appropriate time, as outlined in the MOU. Mr. Bouyounes provided a brief overview of the proposed transaction, which entails the exchange of property between the county and BigWig 4, LLC. In addition there is a stipulation in the MOU relating to a simultaneous closing and Bigwig's sale of the parking lot to the City of Ocala at its appraised value. He opined that this will be a good move for the county to be able to utilize the former Wells Fargo building to house the Tourism Development Council (TDC) operation and Guardian ad Litem program staff. As a contingency for the MOU, the county will receive a letter from the City of Ocala that no additional parking will be required for the build out of the courthouse, which will be at 366,000 square feet. Mr. Bouyounes advised that he was working with the City to see if the county can reserve some parking spaces in the lot until it is developed; however, the City is in such need for additional parking spaces that it will not be able to provide reserved parking. He stated he will continue to work with the City once the property is developed to try and reserve some parking spaces. In response to Commissioner Zalak, Clerk Ellspermann advised that the busiest days at the courthouse parking garage are Mondays and Tuesdays, noting there is also extra parking at the Clerk's Annex Building. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to approve and execute the MOU and authorize staff to continue negotiations with the intent to bring a purchase agreement back to the Board at the appropriate time, as outlined in the MOU. The motion was unanimously approved by the Board (5-0). Commissioner Gold out at 11:43 a.m. 9D. Request Approval of the 2018 Federal Legislative Agenda (Budget Impact - None) County Administrator Bouyounes presented the following recommendation from Assistant County Administrator Jeannie Rickman: Description/Background: Each year the Board updates our Congressional Delegation of Marion County's federal legislative priorities. Attached is the proposed 2018 Federal Legislative Agenda, as prepared by the County's Federal Lobbyist, Jim Davenport of Alcalde & Fay with priorities consisting of infrastructure, economic development, environmental restoration and support of various county programs. This report is presented for consideration with staff recommendation for approval. Budget/Impact: None. Recommended Action: Motion to approve the 2018 Federal Legislative Agenda, with the incorporation of any appropriate verbiage changes as recommended by Jim Davenport. Commissioner Moore noted his objection to the Marketplace Fairness Tax and requested it be removed from the Legislative Agenda. Commissioner Zalak opined that it is not a county issue and noted he supports removing it from the Legislative Agenda. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to approve the 2018 Federal Legislative Agenda, as amended, and incorporating any appropriate verbiage changes as recommended by Mr. Davenport. The motion was unanimously approved by the Board (4-0). Book X, Page 681

34 UPDATE: Mr. Bouyounes expressed his appreciation to Mr. Race for his help through the transition process for a new Facilities Director. Commissioner Gold returned at 11:45 a.m. 10. COMMITTEE ITEMS: 10A. Rainbow Lakes Estates MSD Advisory Council - Request Appointment of One (1) Full Member to a Full Term Executive Assistant Nadja M. Griffis, Commission Office, presented the following recommendation: Description/Background: There is currently one vacancy for a full term on the Rainbow Lakes Estates Advisory Council. We have received one application. - Stephen M. Stritzinger, Sr. - retired, US Army Budget/Impact: None. Recommended Action: Motion to appoint Mr. Stritzinger to the Rainbow Lakes Estates MSD Advisory Council for a full term ending February Clerk Ellspermann advised that the applicant received the appropriate votes. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to appoint Stephen M. Stritzinger, Sr. as a member on the Rainbow Lakes Estates Municipal Service District (RLE MSD) Advisory Council. The motion was unanimously approved by the Board (5-0). 10B. Tourist Development Council - Request Appointment of Two (2) Collector Members for Full Terms Executive Assistant Griffis, Commission Office, presented the following recommendation: Description/Background: There are two vacancies for collector position on the Tourist Development Council. Both are for full terms, expiring February There have been two eligible applicants, both are incumbents and eligible for reappointment: - Rich Larkin (incumbent) - General Manager, Ocala Hilton - Navroz Saju (incumbent) - President, HDG Hotels Budget/Impact: None. Recommended Action: Motion to appoint Mr. Larkin and Mr. Saju to the Tourist Development Council for full terms as collectors, beginning March 1, 2018 and ending February Clerk Ellspermann advised that the applicants received the appropriate votes. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to appoint Rich Larkin and Navroz Saju as members on the Tourist Development Council (TDC). The motion was unanimously approved by the Board (5-0). 10C. Tourist Development Council - Request Appointment of Two (2) Full Members to Non-Collector Positions for Full Terms Executive Assistant Griffis, Commission Office, presented the following recommendation: Description/Background: There are two vacancies for non-collector position on the Tourist Development Council. Both are for full terms, expiring February There have been six eligible applicants, two of which is are incumbents and eligible for reappointment: - Karen Grimes - business owner, Farm Tours of Ocala Page 682, Book X

35 - Daniel A. Jacobs - sports coordinator/recreation, Villages Community Development District - Jennifer Hunt Murty (incumbent) - owner, Ocala Culinary Festival - Bill Vargo - Aquatics Director, Ocala Aquatics, Inc./Marlin Swim Club - Traci Walker (incumbent) - Owner/operator, The Canyon Zip Line & Canopy Tours - Patrick Watson - board member, Silver Springs International Film Festival Budget/Impact: None. Recommended Action: Motion to appoint two applicants to the Tourist Development Council as full, non-collector members for full terms, beginning March 1, 2018 and ending February Clerk Ellspermann announced the results of the Commissioners' ballots. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to appoint Jennifer Murty and Traci Walker as Non-Collector position members on the TDC. The motion was unanimously approved by the Board (5-0). 10D. Housing Finance Authority - Request Acceptance of One (1) Resignation and Approval to Advertise for Vacancy for an Unexpired Term Executive Assistant Griffis, Commission Office, presented the following recommendation: Description/Background: Mark Meadows has tendered his resignation, effective immediately, from the Housing Finance Authority. He is currently in a term expiring September Budget/Impact: None. Recommended Action: Motion to accept Mr. Meadow's resignation and approve of advertisement for one vacancy for an unexpired term ending September A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to accept the resignation of Mark Meadows from the Housing Finance Authority; execute the appropriate letter of appreciation; and advertise vacancy. The motion was unanimously approved by the Board (5-0). 10E. Silver Springs Shores Special Taxing District Advisory Council - Request Appointment of One (1) Member to the Silver Springs Shores Special Taxing District Advisory Council for an Unexpired Term Executive Assistant Griffis, Commission Office, presented the following recommendation: Description/Background: There is currently a vacancy on the Silver Springs Shores Special Taxing District Advisory Council for an unexpired term. This term will expire at the next general election. There has been one application received. - Russell Grace - Owner/Manager, Affordable Mover Maintenance & More Budget/Impact: None. Recommended Action: Motion to appoint Mr. Grace to the SSS Special Taxing District Advisory Council for an unexpired term, ending at the next general election, November Clerk Ellspermann advised that the applicant received the appropriate votes. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to appoint Russell Grace as a member on the Silver Springs Shores Special Taxing District Advisory Council. The motion was unanimously approved by the Board (5-0). Book X, Page 683

36 11. NOTATION FOR ACTION: 11A. Request Approval to Schedule a Workshop to Present the Solid Waste Authority Feasibility Analysis Results for the Acquisition, Management and Operation of a Regional Solid Waste Disposal Facility or Facilities on Friday, March 9, 2018 at 2:00 p.m. The Board considered the following recommendation from Solid Waste Director Mike Sims: Description/Background: Marion County and Alachua County, through a Phase I Interlocal Agreement (approved by the Board on May 2, 2017) had a feasibility analysis performed to determine interest from surrounding Counties within a 100 mile radius in forming a regional solid waste management authority. The specific purpose of the study was to assess the feasibility of establishing a regional solid waste authority for the purpose of financing, acquiring, managing and operating a regional solid waste disposal facility or facilities. The costs for the Phase I Analysis was apportioned between Alachua County and Marion County based on each county's percentage of the combined total solid waste disposed by each county during fiscal year This workshop is requested to give the Board a summary of the results of the Phase I analysis and seek Board direction. Budget/Impact: None. Recommended Action: Motion to schedule a workshop to present the Solid Waste Authority Feasibility Analysis results for the acquisition, management and operation of a regional solid waste disposal facility or facilities on Friday, March 9, 2018 at 2:00 p.m. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to schedule a workshop on Friday, March 9, 2018 at 2:00 p.m. to present the Solid Waste Authority Feasibility Analysis results for the acquisition, management and operation of a regional solid waste disposal facility or facilities. The motion was unanimously approved by the Board (5-0). 11B. Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Ocala Ranchettes Subdivision, on Tuesday, March 20, 2018 at 2:00 p.m. or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub, OCE: Description/Background: This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by B-Smith Hialeah, LLC to close and abandon certain roads lying in Ocala Ranchettes Subdivision, Plat Book N, Pages 57-62, renounce and disclaim any right of the County and the Public and simultaneously vacate all platted lots, blocks, canals, easements and drainage retention areas located within the subdivision boundaries. Budget Impact: Revenue of $500 Transportation - Road Closing Revenue of $175 Transportation Plat Vacate Recommended Action: Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing certain roads lying in Ocala Ranchettes Subdivision, Plat Book N, Pages and simultaneously vacate all platted lots, blocks, canals, easements and drainage retention areas located within the Page 684, Book X

37 subdivision boundaries on March 20, 2018 at 2:00 p.m., or as soon thereafter as possible, and to authorize the Chair and Clerk to execute the same. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to adopt Resolution 18-R-077 declaring a public hearing on March 20, 2018 at 2:00 p.m., or as soon thereafter as possible, to consider closing certain roads lying in Ocala Ranchettes Subdivision and simultaneously vacating all platted lots, blocks, canals, easements and drainage retention areas located within the subdivision boundaries. The motion was unanimously approved by the Board (5-0). Resolution 18-R-077 is entitled: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO DECLARE A PUBLIC HEARING DATE & TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT. 11C. Request Approval to Schedule a Workshop to Discuss Utilities' Capital Improvement Program on Thursday, March 22, 2018 at 2:00 p.m. The Board considered the following recommendation from ACA Angel Roussel: Description/Background: Marion County Utilities maintains a running 5-Year Capital Improvement Program (CIP). Staff has been reviewing and updating the CIP based on current project needs and construction costs. This is an annual update that incorporates recent master planning for the water and sewer systems, prioritizing projects based on available revenue funding and considering long term planning and maintenance needs for the Utility. Staff would like to present the updated CIP and progress to the Board and allow for questions and comments before finalizing. Budget/Impact: None Recommended Action: Motion to schedule a workshop to discuss Utility CIP on Thursday, March 22, 2018 at 2:00 p.m. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to schedule a workshop on Thursday, March 22, 2018 at 2:00 p.m. to discuss the Utilities CIP. The motion was unanimously approved by the Board (5-0). 11D. Request Approval to Reschedule the Workshop to Discuss the Five-Year Budgeting Proposals by Departments from Wednesday, March 28, 2018 at 2:00 p.m. to Thursday, March 29, 2018 at 2:00 p.m. The Board considered the following recommendation from County Administrator Bouyounes: Description/Background: At its February 6, 2018 meeting, the board approved the scheduling of the Workshop to Discuss the Five-Year Budgeting Proposals by Departments on Wednesday, March 28, 2018 at 2:00 p.m. Due to previously unknown scheduling conflicts staff is requesting that the workshop be rescheduled to Thursday, March 29, 2018 at 2:00 p.m. Budget/Impact: None Recommended Action: Motion to reschedule the Workshop to Discuss the Five- Year Budgeting Proposals by Departments from Wednesday, March 28, 2018 at 2:00 p.m. to Thursday, March 29, 2018 at 2:00 p.m. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to reschedule the workshop to discuss the Five-Year Budgeting Proposals by departments Book X, Page 685

38 from Wednesday, March 28, 2018 at 2:00 p.m. to Thursday, March 29, 2018 at 2:00 p.m. The motion was unanimously approved by the Board (5-0). 12. COMMISSIONER ITEMS: 12A. Commission Comments Commissioner Moore thanked first responders, law enforcement officers, and county employees for their dedicated service to citizens. He advised that 3 citizens from Marion County (Brittany Bowe, Erin Jackson and Joey Mantia) are representing the United States (US) at the 2018 Winter Olympics held in Pyeongchang, South Korea. Commissioner Moore suggested that the BCC recognize them for their accomplishments when they return. Commissioner Zalak expressed appreciation to staff for working with Mr. Vaughn to try and help him resolve issues with a neighboring gun range. He commented on the Nations Cup Parade held on Saturday, February 17, 2018, noting Marion County had over 42 breeds participate in the event. Commissioner Zalak addressed other events going on throughout the community and thanked staff, the TDC and hoteliers for helping make Marion County successful. Commissioner Gold commented on the ongoing opioid litigation, noting it is only a small part of the solution process, along with enforcement, treatment, etc. He noted this issue has been ongoing for almost 2 decades. Commissioner Gold expressed his appreciation to other Board members for working together for the community. Commissioner Stone welcomed Mr. Goodspeed to Marion County. She thanked county departments for taking time to show her the work performed by staff on a daily basis. Commissioner Stone advised of conversations she had with firefighters, noting there is an upcoming workshop to address recruitment and retention plans for the Fire Rescue Division. Commissioner Stone addressed the importance of supplying Fire Rescue with the equipment they need to perform their jobs well and keep them safe. Chairman Bryant advised of the official opening of the Southeastern Youth Fair last night, noting it is being held at the Southeastern Livestock Pavilion (SELP) and invited citizens to attend. Chairman Bryant advised that she meet with Chief Administrative Judge Sue Robbins and Judge Anthony Tatti, 5th Judicial Circuit, to address litter issues, noting they are working through the process to be able to sentence people to specific community service hours at the landfill and within the Solid Waste Department. She stated direction has been given to the County Administrator to work with the Public Information Office to craft a letter to the editor this weekend that will outline all the different things the Board is doing to help resolve the litter issue. Chairman Bryant addressed Item 8C and thanked all parties involved for coming together to help find solutions to the objections and concerns expressed about the project. UPDATE: Mr. Minter addressed comments made by Commissioner Gold relating to the opioid crisis, noting Purdue Pharma made a major announcement last week in response to litigation that has been filed so far and they are significantly changing their marketing practices. Chairman Bryant opined that it is going to take a multi-faceted approach to Page 686, Book X

39 address this issue, noting changes are being made across the board from pharmaceutical marketing to the way medications are being prescribed. She commented on those who are affected by this crisis, including friends and families Commissioner Bryant - Dog Classification Board Appointment Chairman Bryant advised that her selection to the Dog Classification Board is Ms. Lilly Baron. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to appoint Lilly Baron to the Dog Classification Board. The motion was unanimously approved by the Board (5-0). 12C. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of February 20, 2018 through March 6, D. Additional Public Comment: All members of the public wishing to speak during the "Additional Public Comment" portion of the agenda will be limited to two (2) minutes to make their request or presentation. If the request or matter requires investigation by County staff, the Chair will refer to staff for follow-up with the person making the request. Henry Munoz, Marion Oaks Boulevard, addressed the possibility that the State of Florida will allow a portion of sales tax revenues be utilized for ongoing county administration and questioned if any progress has been made in that regard. Chairman Bryant noted there has been very little progress. 13. NOTATION FOR RECORD: 13A. County Administrator Informational Items: 13A1. Present Ocala/Marion County Chamber of Economic Partnership (CEP) Activity Report for January and Performance Matrix FY 2018 YTD 13A2. Present Federal Legislative Update from Alcalde & Fay Dated February 2, A3. Present Letter from Florida Department of Economic Opportunity Acknowledging Receipt of the Evaluation and Appraisal Notification Letter Dated January 24, A4. Present Letter sent to Mr. Adam Fish in Reference to the Personal Use Gun Range on Parcel Number Dated February 6, A5. Present Letter from Marion County Board of County Commissioners to Dell Financial Services L.L.C. dated December 8, 2017 regarding Master Lease Agreement No.: A6. Present Florida Department of Transportation Interstate Lighting Improvements on 1-75 Project Plan 13A7. Present Notification of the Appointment of Jared Goodspeed as Marion County Facilities Management Director 13A8. Present Outside Counsel Fees 13A9. Present of District Wide Cost-Share (FY19 DWCS) Application for SW 108th Terrace Road Water Main Interconnect 13A10. Present of District Wide Cost-Share (FY19 DWCS) Application for Silver Springs Shores Regional Capacity Improvements & Package Plant Removal 13A11. Present District Wide Cost-Share (FY19 DWCS) Application for US 441 Forcemain Book X, Page 687

40 13B. Present Walk-On Items From Previous BCC Meeting: 13B1. February 6, Request Approval of the Selection of the ROMANO LAW GROUP; SCHOCHOR FEDERICO and STATON, P.A.; PIRES COOLEY; and SPANGENBERG SHIBLEY & LIBER, LLP Group, to Prosecute Opioid Litigation on Behalf of Marion County, in Either State or Federal Court, and for the County Attorney to Finalize an Agreement for the Chair's Signature (Approved 5-0) 13C. General Informational Items: 13C1. Marion County Health Department For the Latest health news and information, Visit the Website at 13D. Clerk of the Court: 13D1. Present Regular Report of Utilization for Reserve for Contingencies 13D2. Present Monthly Report for the Building Department Budget and Actual 13D3. Present Memorandum From David R. Ellspermann, Clerk Of Circuit Court And Comptroller, Regarding The Filing Of Ordinance (Zoning) With The Secretary Of State's Office 13D4. Present Marion County Hospital District Financial Statements, Independent Auditors' Report, And Required Supplementary Information For The Year Ended September 30, 2017 Prepared By Purvis, Gray & Company, LLP, Certified Public Accountants 13D5. Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 32740, 34129, D6. Present Interim Financial Statements for Solid Waste Disposal Fund and Marion County Utilities Fund for the Period October 1, 2017 through December 31, E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Board of Adjustment (BOA) - January 5, E2. Development Review Committee (DRC) - January 8, 22, and 29, E3. Dog Classification Board - November 9, E4. Land Development Regulation Commission (LDRC) - November 29 and December 6, 2017; and January 17, E5. Marion County Hospital District (MCHD) Final Budget with 2017 Forecast (Revised December, 2017) 13E6. Marion Oaks MSTU for Recreation Services and Facilities November 14, E7. Munroe Regional Health System, Inc Final Budget (Revised December, 2017) 13E8. Parks & Recreation Advisory Council (PRAC) - November 15, E9. Planning & Zoning Commission (P&Z) - December 27, E10. Tourist Development Council (TDC) - January 11, E11. Silver Springs Shores Special Tax District Advisory Council November 14, E12. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at 13E13. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at 13E14. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at Page 688, Book X

41 13E15. Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at There was a recess at 12:05 p.m. The meeting reconvened at 2:00 p.m. with all members present. Also present were: Growth Services Director Sam Martsolf, Senior Planners Chris Rison, Ken Weyrauch and Kimberleigh (Kim) Dinkins, Strategic Resources Project Manager Kevin Smith, Administrative Staff Assistant Stephanie Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G. Minter, County Administrator Mounir Bouyounes, and Assistant County Administrator (ACA) Angel Roussel. The meeting opened with the Pledge of Allegiance to the Flag of our Country. 14. PLANNING & ZONING AND DRC WAIVER REQUESTS (AT 2:00PM): Deputy Clerk Bonvissuto advised that there are 3 Proofs of Publication to be presented for this afternoons meeting. The first Proof of Publication is entitled, "Notice of Intention to Vacate Plat or Portion of the Plat of J. H. Foss' Subdivision" published in the Voice of South Marion newspaper from December 28, 2017 through January 4, The Notice states the Board will consider adoption of a Resolution as petitioned by Frank A. and Laura M. Pucine. (Item 1461). The second Proof of Publication is entitled, "Notice of Public Hearing to Close and Abandon Road(s)" published in the Voice of South Marion newspaper on February 1, The Notice states the Board will consider adoption of a Resolution as petitioned by Darren Michael and Theressa Lori Schueller (Item 14B2). The last Proof of Publication is No. A entitled, "Notice of Intention to Consider Adoption of an Ordinance" published in the Star Banner newspaper on February 5, The Notice states the Board will consider adopting an Ordinance approving Comprehensive Plan Amendments, rezoning and/or Special Use Permit applications, as well as considering adoption of an Ordinance (Item 14D1). Chairman Bryant stated the County Attorney will now address the process for today's zoning hearings. County Attorney Matthew G. Minter commented on the consent agenda (Items 14A1 through 14A5), which means that no opposition has been received in regard to those items. If anyone present today has any concern with any consent agenda item they may raise their hand and that item will be pulled for separate consideration. If there are no objections those items will be moved in one combined motion. The second grouping is the DRC waiver requests (1461 through 14B3). The property owner is usually the only one concerned with the waiver requests, as in most cases it is only particular to that specific property. Items 14C1 through 14C5 are items for individual consideration of Special Use Permit requests. Under Florida Law, all Special Use Permits are considered quasi-judicial. In effect, the BCC is basically sitting as judges in those proceedings. Testimony and/or comments about re-zonings or special use permits must be relevant to the situation and are not like a majority vote (i.e., where a majority of those in attendance are either for or against an item). The BCC needs facts as to how the application is beneficial to the Book X, Page 689

42 community or neighborhood; whether or not the request will have an adverse effect on surrounding properties; or information related to traffic impacts of the project. Chairman Bryant advised that the applicant will be given an opportunity to give their initial presentation to the BCC or they may wait until after public comment, at which time the applicant (or agent) will respond. Those wishing to address the Board must go to the podium and provide their name and address. Public comment is 2 minutes; the podium has 3 lights: green to start speaking, yellow indicates your time is almost up, and red means your time is up. If a speaker has questions for the applicant, they must address the BCC at the podium and the Board will then in turn direct those issues to the applicant for a response. 14A. Planning and Zoning Consent Items: Growth Services Director Sam Martsolf advised that the five (5) petitions listed on the consent agenda are recommended for approval by both the Planning Division and the P&Z Commission. He stated the consent agenda items will be acted on in one motion, as follows: ITEM OWNER FROM-TO ACREAGE NUMBER Z DLC 007 Holdings, LLC B-2 and M-1 to B Z Sekhar and Carla Badal B-2 to B Modification of Special Use SU Tonya A. Johnson 0.56 Permit in A SU ONCOMAGH, LLC Special Use Permit in A Z Amado and Rita Lopez R-4 to B PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad and seconded by Mr. Kroitor to agree with staffs findings and recommendation, and recommend approval of the following Consent Agenda items (180203Z, Z, SU, SU and Z) based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Are consistent with the Marion County Comprehensive Plan. 3. Are compatible with the surrounding land uses. The motion passed 6 to 0. Mr. Martsolf advised that Item 14A4 will be pulled from the consent agenda to discuss buffering. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. Commissioner Zalak requested Items 14A3 and 14A5 be pulled from the consent agenda. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to approve consent agenda items 14A1 and 14A2, agreeing with Growth Services Department staff and the P&Z Commission recommendations, based on findings that the proposed uses are compatible with the surrounding land uses, are consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). The motion approved the consent agenda items as follows: 14A Z - DLC 007 holdings LLC., B-2 and M-1 to B-5, 4.41 Acres Page 690, Book X

43 The Board granted a petition by DLC 007 Holdings, LLC (owner) / Dominic L. Pallini (applicant), 3303 Pacific Drive, Naples, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from B-2 (Community Business) and M-1 (Light Industrial) to B-5 (Heavy Business) for all permitted uses on approximately 4.41 acres of Parcel Account No A Z - Sekhar and Carla Badal, B-2 to B-4,.84 Acres The Board granted a petition by Sekhar and Carla Badal (owners/applicants), 3681 N US Highway 441, Ocala, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from B-2 (Community Business) to B-4 (Regional Business) for all permitted uses including car sales on approximately 0.84 acres of Parcel Account Nos and A SU - Tonya A. Johnson, Special Use Permit Modification in A-1,.56 Acres The Board considered a petition by Tonya A. Johnson (owner) / Shavon Johnson (applicant), NW 29th Terrace, Reddick, FL, for Modification of Special Use Permit SU, Articles 2 and 4, of the Marion County Land Development Code, to change an Adult Family Care Home with 5 beds to an Assisted Living Facility with 7 beds in an A-1 (General Agriculture) zone on approximately 0.56 acres of Parcel Account No It was noted that both Growth Services staff and the P&Z Commission recommend approval of the Special Use Permit with the following Conditions: 1. The site shall be developed and operated and consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. The outward appearance of the home should remain compatible with the development in the immediate area. 3. This Special Use Permit shall allow an Assisted Living Facility (ALF) with a maximum capacity of seven (7) beds. The applicant may expand the existing residential structure as needed to accommodate the maximum number of residents. 4. The Special Use Permit shall run with the owner and not with the property. 5. The Special Use Permit shall expire on February 20, 2021 the applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future. Commissioner Zalak advised that he wanted to have discussion and perhaps provide direction to Mr. Martsolf, if appropriate. He commented on the modification from a 5 bed family care home to an actual ALF with 7 beds. The Board may want to look in the future, depending upon what the Governor does, in regard to backup systems and put folks on notice that backup generators, etc. meet requirements to host clients in emergency situations. Commissioner Zalak stated he is not sure the county has the qualifications or if they can be included in a Special Use Permit to make sure applicants are aware they have to provide generation for that household. He inquired as to whether it can be done at this time or through the Land Development Regulation Commission (LDRC). Mr. Martsolf noted the applicant is present and is a long time employee of the Building Department. He advised that he has spoken with the applicant about this numerous times and she is well aware of those type of permits. Book X, Page 691

44 Chairman Bryant inquired if that will end up being something that the state will take on, in making those facilities do that in their requirements. General discussion ensued. Commissioner Zalak opined that a condition should be included that when either the state or county approves a recommendation for backup power systems that they have to follow it, especially for an ALF. Mr. Martsolf advised that a condition can be added, noting he will get with the Fire Marshal for the exact wording. He stated it will be made a regular condition on these type of applications. Tonya Johnson, NW 29th Terrace, Reddick, advised that she has been with the Building Department for almost 20 years. She noted she will have to modify the home to install a fire/sprinkler system and is aware of the different things that have to occur in order to run the facility as an ALF. Ms. Johnson advised that she is currently in the permitting process to make additions and get everything done. Chairman Bryant inquired as to emergency systems, such as having to have a generator, and whether the state has put anything in place. Ms. Johnson advised that the state has not yet put anything in place, according to the Fire Department. She noted she is following all of the rules and requirements by the county, Fire Marshal, and Building Department. Commissioner Zalak advised that the state has not yet passed the law, as it is being hashed out in Tallahassee and is why the county has not stepped up and done anything effectively yet either. Mr. Minter advised that it would be within the Boards purview to include a condition that in the event the state does approve anything, that this Special Use Permit would be subject to any legislation passed on that issue. In response to Chairman Bryant, Commissioner Zalak advised that he wants to add a condition to the Special Use Permit. Commissioner Stone asked if any ALF would be subject to whatever laws are enacted during this legislative session. Commissioner Zalak stated they should be, noting over the last few years the county has had multiple care facilities and opined that they need to go back and look at how the county handles that because all of those folks are going to have to go to a special needs shelter in case of an emergency. Commissioner Stone inquired if that is for the county's planning purposes. Commissioner Zalak concurred. General discussion resumed. Mr. Minter stated it is probably obvious for anyone who has dealt with generators, that the county may want to have a certificate from a certified electrician that it has been properly installed. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to adopt Resolution 18-R-078 granting the Special Use Permit with Conditions 1 through 6, as amended (see below); agreeing with Growth Services staff and the P&Z Commission recommendation, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 6: A fully operational back-up emergency electrical source shall be provided for the ALF facility within 90 days of being required by Marion County Land Development Code or Ordinance or State of Florida and in accordance with those state guidelines. The motion was unanimously approved by the Board (5-0). Page 692, Book X

45 14A SU - ONCOMAGH LLC., Special Use Permit in A-1, 30 Acres Growth Services Director Martsolf advised that this item was continued. (Ed. Note: This matter was addressed later in the meeting.) February 20, A Z - Amado and Rita Lopez, R-4 to B-5, 2 Acres The Board considered a petition by Amado G. and Rita M. Lopez (owners) / Chris Howson (applicant), SE 6th Street, Silver Springs, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from R-4 (Mixed Residential) to B-5 (Heavy Business) for all permitted uses on approximately 1.7 acres of 2.88 acres, on a portion of Parcel Account No Commissioner Zalak expressed his concern with this being on Highway 40, noting his preference is to go to B-2 (Community Business) with a Special Use Permit if needed. He commented on changing the zoning to B-5 just so someone can sell the property. Mr. Martsolf stated the owner explained to staff that he is trying to market it as consistent zoning. He noted they have dialed it back out of the wetland there, but a small amount will remain in the flood plain and will not be able to be used for anything other than a potential retention area. The request is consistent with the junkyard use next door and other intense uses in the area. Mr. Martsolf opined that the applicant does not have a use where they would be ready to do a Special Use Permit at this time. Commissioner Zalak stated he understands and would be willing to let them come back. He reiterated his preference, noting the Board generally gives B-2 or B-4 (Regional Business) with a Special Use Permit rather than a straight B-5. The applicant was not present when called upon to speak. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to disagree with Growth Services staff and the P&Z Commission recommendations for a Zoning Change from R-4 to B-5; and approve a Zoning Change from R-4 to B-2, with a Special Use Permit if they have a use, based on findings that the proposed zoning is compatible with the surrounding zoning, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). 14A SU - ONCOMAGH LLC., Special Use Permit in A-1, 30 Acres Chairman Bryant advised that since this item has been pulled she would open public comment for anyone who came to speak in regard to this item. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. (Ed. Note: This matter was addressed later in the meeting.) 14B. Individual DRC Requests for Consideration: 14B1. Request Approval of a Resolution to Vacate a Portion of the Plat of J. H. Foss' Subdivision, as Recorded in Plat Book A, Page 62 The Board considered the following recommendation from County Engineer Straub, OCE: Description/Background: This is a request for approval of a Resolution by Petitioners Frank A. Pucine and Laura M. Pucine to vacate a portion of Lot 5 of J. H. Foss' Subdivision (Parcel ) in order to cure a plat violation that resulted from dividing Lot 5. This request was considered by the Development Book X, Page 693

46 Review Committee on December 18, 2017 and it was the Committee's recommendation that the petition be granted. Budget Impact: Plat Vacate $350. Recommended Action: Motion to adopt the Resolution to vacate a portion of Lot 5 of J. H. Foss' Subdivision as recorded in Plat Book A, Page 62, and to authorize the Chair and Clerk to execute the same. Mr. Martsolf commented on the request to vacate a portion of an old 1891 plat of the J. H. Foss Subdivision, located south of Belleview. The lot was subdivided in the past, but did not go through the proper vacation process. Executing the one time division was proper, but they needed to have vacated that plat first, which this will correct. Growth Services staff and the DRC support the request. Randy Klein, SE 1 1 th Avenue, attorney, representing the applicant, was present and noted Mr. Martsolf accurately summarized the request. He noted it was a subdivision made by the Nazarene Church in 2003; the church sold the front part to a predecessor and on down to my client with a building on the property. The church then sold Lot 6 (to the north) and the rest of Lot 5 to the current Haitian church that occupies Lot 6 and the back half of Lot 5. Commissioner Zalak inquired as to what is wrong. Mr. Klein stated the county does not interpret its plat law the same as other jurisdictions and considers a platted lot to be a require replatting or vacation. He noted the City of Ocala does not require replatting or vacation. Mr. Klein advised that they had to do this in order for the owner to obtain a building permit, noting the county provided the owner with a temporary building permit while going through this process. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to adopt Resolution 18-R-079 simultaneously closing and abandoning portion of roadway and vacating lots as described and requested by Frank A. and Laura M. Pucine. The motion was unanimously approved by the Board (5-0). Resolution 18-R-079 is entitled: RESOLUTION TO VACATE A PORTION OF PLAT OF J. H. FOSS' SUBDIVISION AS RECORDED IN PLAT BOOK A PAGE 62 PUBLIC RECORDS OF MARION COUNTY, FLORIDA PUBLIC HEARING - To Consider Adoption of a Resolution to Close and Abandon Two (2) Segments of Unopened and Unnamed Roads Located in the Plat of the Property of the Heirs of N. Brush The Board considered the following recommendation from County Engineer Straub, OCE: Description/Background: This is a request to consider approval of a Resolution to close and abandon two (2) segments of unopened and unnamed roads lying within Parcel # , located in the Plat of the Property of the Heirs of N. Brush, Plat Book E, Page 26. The Development Review Committee considered this request on December 18, 2017 and it was the committee's recommendation that the petition be granted. Budget/Impact: None. Recommended Action: Motion to adopt the Resolution closing and abandoning two (2) segments of unopened and unnamed roads lying within Parcel # Page 694, Book X

47 00, located in the Plat of the Property of the Heirs of N. Brush and authorize the Chair and Clerk to execute the same. Mr. Martsolf commented on the request to abandon two segments of unopened and unnamed roads. He noted both Growth Services staff and the DRC recommended approval. Randy Klein, SE 11th Avenue, attorney, representing the applicant, was present and advised that the property in red on the location map (shown on the overhead screens) is owned by one property owner and wants to close the roads, which separates ownership. He noted the county has quite the process and requires approval of anyone who could possibly use that road, as well as utilities, and obtain a consent letter of no objection from each. Mr. Klein stated the main purpose is to keep the property contiguous. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to adopt Resolution 18-R-080 closing and abandoning portion of roadway as described and requested by Darren Michael and Theressa Lori Schueller. The motion was unanimously approved by the Board (5-0). Resolution 18-R-080 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO CLOSE AND ABANDON ROAD(S) Discussion and Consideration of Toshii II, LLC (PID# ) Request to Connect to the Bay Laurel Community Development District (Bay Laurel CDD) Utility Systems Mr. Martsolf advised that this item was pulled by the applicant. 14C. Planning and Zoning Items for Individual Consideration: 14C SU - Peggy Blake, Special Use Permit in A-1, 2.63 Acres The Board considered a petition by Peggy Blake, Blake Utility Construction, LLC (owner) / Robert L. Rogers, PE (applicant), 7183 E. Highway 326, Silver Springs, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, to operate a commercial business (Blake Utility) with storage of materials and equipment in existing structure in an A-1 (General Agriculture) zone on approximately 2.63 of 17 acres, on a portion of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 7 = 0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lord, seconded by Ms. Mastrantonio, to disagree with staff's findings and recommendation, and recommend approval of the requested special use permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 6 to 0. Senior Planner Chris Rison, AICP, Growth Services, commented on the Special Use Permit request in an A-1 zoning classification for a property located on Highway 326, east of Ocala and the Silver Springs Community Redevelopment Area (CRA). This is a site that in the past has been the forest operations location office and staging area for historic timber operations; however, that was an accessory to their overall timber operations Book X, Page 695

48 covering the northeastern portions of Marion County, by Container Corporation and later Jefferson-Smurfit. As that operation began to consolidate for timber and other parcels were sold for conservation and different activities of that nature. This parcel was sold to private ownership and the owner obtained a Special Use Permit for the parking of a truck, as well as conducting a land clearing business on the property, which created some Code Enforcement concerns. That property owner then sold it to the current owners, who are the operators of a utility company that is currently in the Nuby's Corner area. The current property owner is in the process of dividing up that business and looking to move a component to this site. Growth Services Department staff recommends denial because the property has not been acknowledged as a commercial activity site because of the historic agricultural use with the timber operation; however, BCC has the ability to make a determination that it would be sufficient. Additionally, one item with the site is the limited area of the site, which is 17 acres in total, but are proposing 2.6 acres and staff has recommended that it be limited further in the alternate approval conditions to an area just behind the existing pole barn, mechanical building, which has historically been used for that agriculture/timber operation in the past. This will end up making it represent only about 6% of the overall site that would then be left for agricultural use. The applicants have indicated that they may actually end up timbering themselves, to include conducting different crop and hay operations, as well as other agricultural uses. Growth Services staff recommends denial; however, the P&Z Commission recommends approval of the Special Use Permit with the following Alternate Approval Conditions: 1 The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. The proposed contractor trades operation shall be limited to Blake Utility Construction, LLC, and for a maximum of five (5) employees, including the primary/principle owner who shall reside on-site. 3. All company vehicles shall be parked/stored within the on-site metal/pole barn structure or to the rear (east) of the structure where they shall be screened from view to Highway No mechanical repair/maintenance of the vehicles shall take place on-site. 5. All equipment and/or inventory shall be stored within the on-site metal/pole barn structure or to the rear (east) of the structure where it shall be screened from view to Highway The maximum hours of operation for the business use area for vehicle, equipment, and inventory operations shall be as follows: a. Monday Friday, 7:00 a.m. to 6:00 p.m., b. Saturday, 8:00 a.m. to 5:00 p.m., c. Sunday Closed. 7. A Modified Type "C" Buffer (minimum 15' wide, minimum two shade trees & three accent per 100LF, and ground cover/shrubs to reach three feet (3') in height in one year and six feet (6') in height in two years.) shall be installed and maintained along the site's East Highway 326 roadway frontage. 8. In the event vehicle, equipment, and/or inventory parking and/or storage located to the rear (east) of the on-site metal/pole barn structure extends north and/or south of that structure and is visible to Hwy 326, then opaque fencing (vinyl or wood privacy fencing a minimum 6' in height) shall be provided along the western side of that area; allowing for gates of the same Page 696, Book X

49 material that will ordinarily be kept closed except when vehicles and/or material is being moved into the parking/storage area. 9. In the event the existing vegetation in the northwest portion of the overall site outside the business area is cleared, the vegetation within 25' of the western boundary along Hwy 326 shall be maintained; or in lieu if it is cleared, the Modified Type "C" Buffer as provided in Condition #7 shall be extended north along the cleared Hwy 326 frontage. Further, the opaque fencing shall also be provided along the north side of any vehicle, equipment, and/or inventory parking and/or storage located to the rear (east) of the on-site metal/pole barn structure consistent with Condition # Prior to initiating commercial use of the site, the owner shall obtain Change of Use Permit approval for the office space pursuant to Florida Building Codes (FBC) and the Land Development Code (LDC). 11. Prior to initiating commercial use of the site, a paved driveway apron, consistent with Florida Department of Transportation and Marion County applicable requirements shall be provided, including obtaining an updated/revised Florida Department of Transportation Driveway Permit and completing all required improvements consistent with that Permit. 12. This Special Use Permit shall NOT run with the property and shall run with the current owners/managers of Blake Utility Construction, LLC Peggy S. Blake and Richard P. Blake, Jr. (and in the event of one's passing, this Special Use Permit shall continue with surviving owner). 13. This Special Use Permit shall terminate upon any division or subdivision of the subject property. 14. This Special Use Permit shall expire on December 19, Special Use Permit SU; Resolution Number 2003-R-139 is hereby repealed and replaced by this Special Use Permit. (Ed. Note: LF is the acronym for Linear/Lineal Feet.) Bob Rogers, SE 3rd Avenue, consultant engineer, representing the owner/blake Utilities, was present and opined that Mr. Rison gave a good summary. He noted that Aqua Pure Water and Sewer has been here for a long time. Mr. Rogers advised that Mike and Peggy Blake divided up the company between their daughter, Lisa Sapp, who runs the testing laboratory (lab) and their son, Rick Blake, who ran the construction company. The construction company is now located behind the Aqua Pure building, which is off Highway 40. The Blake's consists of a 5 man operation, 2 of which will live onsite; and basically work on lift stations, water treatment plants, pressure tanks, etc. and will not have a lot of pipe or customers. Mr. Rogers commented on Rick Blake's health condition. He stated the property consists of 17 acres, but not all of that is needed. The building (shown on the overhead screens) will store their equipment. There will not be a lot of trucks going in and out. Mr. Rogers stated this is a very low key business, as there will be no customers, no equipment will be delivered to this site, and there are a total of five employees. He noted 1 letter of support was received and requested the Board to approve the Special Use Permit with the Alternate Approval Conditions as proposed. Commissioner Zalak inquired if Mr. Rogers client knew the property was zoned A-1 when it was purchased and was not appropriate for a business use. Mr. Rogers stated his clients knew the property had a business use (i.e., clearing and grubbing operation) that was very active. Book X, Page 697

50 General discussion ensued. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to adopt Resolution 18-R-081 granting the Special Use Permit with Alternate Approval Conditions 1 through 15, disagreeing with Growth Services staff and agreeing with the P&Z Commission recommendation, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. Commissioner Stone requested confirmation of ownership around the entire perimeter. Mr. Rison advised that the overall frontage of the site includes properties to the south that are currently held by the Trustees of the Internal Improvement Trust Fund that is part of the Cross Florida Greenway complex; property to the east (to the north) are the recent Silver Springs Forest, which was acquired by the water management district and are now conservation lands as well; and properties to the east (across Highway 326) are part of the Silver Creek Subdivision, where 2 lots are right across from the subject property. Commissioner Stone commented on the preservation portion, based on ownership around the subject site, and inquired if the County Attorney can foresee any situation in the future of other requests that the county may not be consistent with this Special Use Permit. Mr. Minter opined that there will be no problems, based on what Mr. Rison articulated. He stated it is a question for the BCC to determine, as to whether or not the Special Use Permit is incompatible with those other uses, noting the purpose for this is to determine if the Board has adequate safeguards and conditions to protect those adjoining uses. Commissioner Zalak stated the only problem is that once Container Company sold off and this all went into conservation, this building should be used from an agricultural perspective, but not for another business. The only reason this use would ever have possibly existed on this piece of land, with what was done here and parking of trucks was because they were using it for their agricultural production and once that went away and Container Company sold that off into basically conservation and other uses, there was no reason for this to continue as a business. Mr. Rogers advised that the ownership between Container Company and the Blakes was also a construction company, which operated out of that very building. Commissioner Zalak stated it should not have been operating the business on the property. Mr. Minter advised that this is the Boards opportunity to draw the line, if that is the collective conclusion. Commissioner Zalak concurred, noting it is either an agricultural or commercial use. In response to Mr. Rogers, Commissioner Zalak stated the law allows the use of a piece of agricultural property in ways for agricultural production. If that commercial use is not for agricultural production on that particular land, it is illegal and against the Marion County Comprehensive Plan. Mr. Rogers stated that is the reason for requesting a Special Use Permit. Commissioner Moore advised that he liked the fact that this is a less intense use, noting it is still a Special Use Permit request. He stated his motion still stands. Chairman Bryant requested the property owner to come to the podium. Peggy Blake, NE 70th Street, advised that the company there before her was a utility company and she did not know that it was not permitted. She clarified that all she wanted Page 698, Book X

51 was to have her home in one location and be able to have her office in that building so that she could take care of her husband. In response to Chairman Bryant, Ms. Blake advised that she understands the conditions of the Special Use Permit. The motion was approved by the Board by a vote of 4 to 1, with Commissioner Zalak voting nay. 14A SU - ONCOMAGH LLC, Special Use Permit in A-1, 30 Acres Kim Dinkins, Growth Services, noted this item was removed from the consent agenda for individual consideration and was not continued. The Board considered a petition by ONCOMAGH, LLC (owner) / Klein & Klein, LLC (Fred Roberts) (applicant), 6850 Silver Charm Court, Leesburg, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, Sports complex (Soccer Academy) with field facilities and venue for club competitions in an A-1 (General Agriculture) zone on approximately 30 acres of Parcel Account No Growth Services staff and the P&Z Commission recommend approval of the Special Use Permit with the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan. Lighting is limited to the fields designated as "lighted" on the conceptual plan, and sound amplification is limited to the Lighted Tournament Field. 2. Prior to hosting events, a traffic statement or analysis (as appropriate) must be reviewed, approved and implemented in accordance with LDC Sec The project is subject to major site plan review per the LDC for any improvements that result in an increase of impervious surface. All new and existing structures to be used for the soccer academy are subject to Florida Building Codes. It is the responsibility of the applicant to ensure compliance, which may require obtaining building permits for existing structures. 4. No commercial dormitory or transient housing is permitted. 5. Ingress and egress shall be from SE 177th PL and S US HWY 301. Prior to hosting events, permits for connection to roadways must be obtained from the designated agencies (Marion County or FDOT). Driveways shall have and maintain paved aprons consistent with Land Development Code requirements. 6. A minimum Type E buffer is required along the eastern property boundary, adjacent to US HWY 301. As shown, a vegetative buffer is not required along other property boundaries unless or until the area within 700ft of the boundary is to be used for any activity, including parking, or the adjacent property is developed. At such time, a minimum Type E buffer will be required. The buffer plan shall be submitted to the Growth Services Director, or designee, for review and approval. 7 The perimeter of grassed parking areas must be delineated with railroad ties, wheel stops or other appropriate means. Grassed parking areas must be maintained to prevent denuded areas and soil erosion. Areas used for parking that are not included in the conceptual plan are subject to condition 6. Book X, Page 699

52 8. Parking in the Right of Way of SE 177th PL or US HWY 301 is prohibited. The applicant is responsible for ensuring adequate signage and directions are visible to patrons to prevent such parking. 9. This special use permit is limited to soccer events only. Any events that are non-soccer related will require a special event permit. 10. Lights shall be aimed toward the subject property and shielded to minimize glare and light trespass onto adjacent agricultural/residential properties as required by the LDC. 11. Sound Amplification shall not exceed limits set forth in Section 13-7 of the Marion County Municipal Code of Ordinances (noise ordinance). 12. Irrigation and landscaping design and maintenance shall comply with requirements of LDC through , as applicable. 13. The following statement shall be included on the cover sheet of the major site plan, as signed by the owner: "The owner is aware of, and will comply with Marion County LDC Section Fertilizers and Other Landscape Chemicals for water body and wetland protection." 14. This special use permit runs with the owner, ONCOMAGH, LLC and becomes null upon division or sale of the property. 15. The Special Use Permit shall expire on February 18, 2021; however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time). (Ed. Note: LDC is the acronym for Land Development Code; US HWY is the abbreviation for United States Highway; and FDOT is the acronym for Florida Department of Transportation.) Senior Planner Kim Dinkins, Growth Services, commented on the Special Use Permit request by ONCOMAGH, LLC, noting both staff and the P&Z Commission recommend approval. She advised that staff received questions earlier today from neighboring property owners concerning buffering. The property is located on South US Highway 301 and the Concept Plan provides for 5 training and tournament fields; 2 of which will be lighted on the southern end of the property, with parking proposed on the northeast corner. A Type "E" Buffer is proposed along US Highway 301 and a 25 foot vegetative buffer along the properties on the eastern side of the subject site. Adjacent properties currently have a rural land use designation and an agricultural zoning classification on a majority of the southwest and western portion, but has B-2 zoning and some residential uses on the north side of the subject parcel. These are incompatible land uses and zoning, so if the properties were ever to develop, or want to develop, as commercial they would Page 700, Book X

53 have to come in and get a land use amendment. Those are some of the reasons staff supported the 25 foot vegetative buffer along that area and the applicant is proposing to install the buffer when those parcels develop to the north and east. Ms. Dinkins referred to the slide (shown on the overhead screens) showing what would be required versus what is proposed. A Type "B" Buffer would be required against the north portion and a Type "E" Buffer on the eastern portion; both Type "B" and "D" Buffers require a wall, but the applicant is proposing a 25 foot vegetative buffer and no buffer along the northern side because the activities are to be 700 feet away from the residential area; and no buffers are proposed on the west or south sides. The Special Use Permit Conditions include language that would require installing a Type "E" Buffer when those parcels are developed, as well as limitations on the use; and the need to come back for an additional Special Use Permit if the property or use expands in any way. Commissioner Gold inquired as to hours of operation. Ms. Dinkins stated there are no hours of operation, but typically are on Saturdays where up to 1,000 guests are anticipated per tournament. She noted she was advised that there are up to 4 tournaments per year, but are limited to soccer events only. Ms. Dinkins further noted that the conditions also limit sound amplification to just that tournament field that is on the southern portion so there will be no amplification outside of that area. Another condition limits lighting to the parcel itself, which would typically be seen through the Land Development Review Committee (LDRC) where the applicant is required to bring in a Site Plan for that approval. In response to Commissioner Zalak, Ms. Dinkins stated the buffering is triggered when those properties to the northeast develop. She noted the applicant is not proposing any buffering to the north because the use is over 700 feet away, which is an exception to the Code. Public Parks are allowed in A-1 zones and private parks are allowed by Special Use Permit. Fred Roberts, SE 11th Avenue, attorney, representing the applicant, was present and commented on the north buffer which has a rather extensive attenuation and slope between the northern unlighted fields and those properties; however, beyond that they have spoken with several property owners who support the project as proposed without buffering. Obviously any portion of that northern piece is developed north of those unlighted training fields (shown on the overhead screens) they would have to come back in to modify the Special Use Permit where there would be an anticipation of buffering. He referred to the proposed buffers, if and when those parcels are developed; and the reason for that is because of the lighted field, which is approximately 300 feet away and will be a Type "B" Buffer. Mr. Roberts noted staff was asked to modify the Type "B" Buffer slightly to allow a 25 foot vegetative buffer and opaque fence instead of a 20 foot vegetative buffer and a wall. He stated the clients ultimate goal would be to come back at some point for this project to be successful and potentially develop that northern piece; however, if that were to occur, it would be with the understanding and anticipation that additional buffering would be required. Mr. Roberts addressed the hours of operation, noting this facility is currently operated in The Villages, but want a standalone facility. It is expected to have 2 to 3 tournaments per year where up to 1,000 people will attend over the course of 3 days with the anticipated hours of 8:00 a.m. to 9:00 p.m. On a regular day it is a training facility for The Villages SC (Soccer Club), which is a Tier 2 soccer club. A very limited number of people will be using this facility; there will be an extraordinarily limited number of trips and uses, similar to what is seen in public parks permitted for similar uses. Book X, Page 701

54 Mr. Roberts requested that his client not be required to spend those funds now to provide buffering, as it would cause significant hardship due to the length. He stated the buffering could be addressed in the future and advised that his client would be willing to a time limit of 180 days (for example) from development of one of those lots. Commissioner Zalak inquired if a Site Plan has already been prepared. Mr. Roberts stated only the Conceptual Plan has been prepared and briefly commented on the natural topography of the land, drainage, and overflow drainage. They are not adding very much impervious area; soccer fields are intentionally extraordinarily well drained. In response to Commissioner Gold, Mr. Roberts noted the hours of operation are from 8:00 a.m. to 9:00 p.m. and if a time limitation is included, discussion with staff was for 8:00 a.m. to 10:00 p.m. in order to remain in compliance with the Special Use Permit in case a game ran late. Commissioner Gold advised of his preference for a time limit to 10:00 p.m., if the Special Use Permit is approved. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Gold, seconded by Commissioner Moore, to adopt Resolution 18-R-082, as amended (see below), granting the Special Use Permit with Conditions 1 through 16, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 11: The facility may not be utilized before 8am or after 10:00 pm. The motion was unanimously approved by the Board (5-0). (Ed. Note: Due to the addition of Condition No. 11, the original Conditions No. 11 through 15 are now renumbered as Conditions 12 through 16.) 14C SU - GRUPOZO, LLC, Special Use Permit in M-2, 6 Acres The Board considered a petition by Gonzalo Pozo, Grupozo, LLC (owner) / Melissa O'Bier (applicant), 3498 W. Highway 326, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a wastewater treatment facility in an M-2 (Heavy Industrial) zone on approximately 6 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 0 OF 5 = 0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Kroitor, seconded by Mr. Gaekwad, to disagree with staffs findings and recommendation, and recommend approval of the requested special use permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 6 to 0. Senior Planner Kim Dinkins, Growth Services, commented on the Special Use Permit request for a septage management facility in excess of 5,000 gallons per day (gpd) in a M-2 zone. The subject site is located at 7225 NW Gainesville Road inside the Urban Growth Boundary (UGB) and within the Primary Springs Protection Zone (PSPZ). The site has the proper land use and zoning for these intense type activities and has a Commerce District land use and the M-2 heavy manufacturing zoning classification. The Page 702, Book X

55 subject site currently also has a Special Use Permit for an asphalt plant that was approved in 2007, but has never been developed as an asphalt plant or anything else. Ms. Dinkins referred to photographs of an existing facility located at Wood Resource Recovery, just north on Gainesville Road, that this will replace if approved. The anticipated site is mainly grassland, but does have a surface water body on the northern portion and onto an adjacent parcel. The applicant anticipates using about 1 acre of the 6 acre site for tanks that are currently in use at Wood Resource Recovery. Under a different type of permit they treat and dispose of the effluent on that site; however, in this case staff would only be looking at the treatment facility itself; there will be no effluent disposal onsite. Staff has some concerns in that the site is in the PSPZ, although effluent will not be disposed of on this site and will be hauled to other permitted sites within Marion and Levy County's. The permit is an ownership change; and the facility located to the north will be closed if this is approved. Staff has concerns with the PSPZ, the proximity to an outdoor recreational facility, odors, and the potential lack of oversight with the Department of Environmental Protection (DEP). Staff is aware that DEP has no requirement to make sure those tanks are water tight, but may require a stormwater permit for the facility. Growth Services Department staff recommends denial; however, the P&Z Commission recommends approval of the Special Use Permit with the following Alternate Approval Conditions: 1. The site shall be developed in accordance with the submitted conceptual plan except that no portion of the septage treatment process may be placed within 100' of the special flood hazard area. 2. This Special Use Permit limits the facility to a total of 150,000 gallons of capacity for storage and processing. (The amount of storage and processing is project to be ±50,000 gallons per day in treatment processing, with ±50,000 gallons held on-site after processing and ±50,000 gallons held prior to processing. These amounts may vary subject to compliance with the total 150,000 gallon amount hereby authorized.) Raw solids must be removed from the site within 24 hours of processing. 3. A minimum 100ft vegetated buffer must be maintained between the process area and adjacent properties. 4. The portion of the process area that includes the pumper truck connection to the holding tank must be enclosed, and the applicant must demonstrate adequate odor control. 5. A major site plan is required, and approval is contingent upon demonstration that all storm water will be held onsite. Minimizing storm water contact with the process area is encouraged, and could be achieved by placing the tanks under cover. 6. Prior to beginning operations, the operator will establish a minimum of two monitoring wells, to be constructed in conformance with FDEP standards for groundwater monitoring. At least one sample event will occur prior to beginning operations, and annual sampling is required for the duration of this permit. 7. The applicant will submit water quality monitoring reports to Marion County Growth Services, consistent with Sec F (5). 8. This special use permit will be repealed if the applicant is unable to obtain necessary DEP permits for wastewater treatment and disposal within 365 Book X, Page 703

56 days of issuance. 9. Provided that necessary DEP permits are obtained and maintained, this special use permit is valid until March 20, At that time, an extension may be granted, based on compliance with conditions Special Use Permit SU, Resolution 07-R-291, is hereby repealed and replaced by this resolution. Ms. Dinkins briefly addressed a few of the Alternate Approval Conditions. Chairman Bryant inquired as to why they are wanting to move the operation. Ms. Dinkins stated her understanding is that Mr. Gaston wants to go in a different direction with his operation and is looking at ways to reconfigure his site. The operator and owner of this site is only operating the plant at Mr. Gaston's site and does not own the site. In response to Chairman Bryant, Ms. Dinkins stated the effluent will be pumped out and hauled to Mr. Gaston's effluent site, which is already approved by DEP and Marion County; and another site in Levy County that will take the rest of the effluent. She clarified that the effluent will be disposed of at 2 separate sites, noting the current effluent disposal site is outside the PSPZ. Commissioner Stone questioned DEP requirements in regard to a containment wall of any sort. Ms. Dinkins stated DEP may require some stormwater controls, but does not have a requirement to make sure those tanks are water tight. She noted they are working through their permit processing and hopefully some of those things will be addressed in the near future, but expressed her desire to make sure she is clear in the alternate approval conditions that the applicant has agreed to cover that connection point to limit the potential for any sort of spillage. The applicant also agreed to install monitoring wells so that the county can conduct groundwater monitoring, both before the site is developed and during (annual monitoring). Ms. Dinkins noted concessions have been made. General discussion ensued. Melissa O'Bier, West Highway 318, Reddick, applicant, advised that any type of spillage has to be immediately reported to DEP, who comes out and looks at the site and instructs them as to what needs to be done to rectify the situation. Commissioner Stone stated that is after the fact, noting this is in an environmentally sensitive area and inquired as to any type of containment floor and wall around it that DEP does not require. Ms. O'Bier advised that the plan is to install a capture basin where the truck uploads in case of an emergency or spillage it would be dumped into there and pumped into their system. She stated that is the only spot where there would be a potential for spillage. Commissioner Gold out at 2:54 p.m. Ms. O'Bier advised that they received their permit for this site today. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. In response to Commissioner Stone, Chairman Bryant stated the subject property currently has a Special Use Permit for an asphalt plant that has not been used. Ms. Dinkins concurred, noting no permits have been pulled and the property is currently vacant land. Commissioner Stone noted that all tanks and pipes would have to be installed on the property. Commissioner Zalak stated he is having a hard time and opined that it is in the wrong spot. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to deny the Special Use Permit, agreeing with Growth Services staff recommendation and disagreeing with the P&Z Commission recommendation, based on findings that the Page 704, Book X

57 proposed use is not compatible with surrounding land uses, is not consistent with the Comprehensive Plan and will adversely affect the public interest. The motion was unanimously approved by the Board (4-0). 14C SU - Marcos Antunes, Special Use Permit in A-1, 1.8 Acres The Board considered a petition by Marcos Antunes (owner) / Joshua Bills, Esquire (applicant), 8901 SE 159th Lane, Summerfield, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a woodworking shop, no retail sales on premises in an A-1 (General Agriculture) zone on approximately 1.8 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 8 = 0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad, seconded by Mr. Lourenco, to disagree with staffs findings and recommendation, and recommend approval of the requested special use permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 6 to 0. The P&Z Commission recommended the addition of two more conditions: Maximum of 2 employees. A main residence shall be established and occupied by May 20, 2019 (instead of March 20, 2020), or the SUP shall be revoked. Senior Planner Kim Dinkins, Growth Services, commented on the Special Use Permit request for furniture repair and refinishing operation in an A-1 zone. The property is located on South US Highway 301, just southeast of Padua Farms and has a rural land use designation and an A-1 zoning classification. She shared and briefly described several photographs on the overhead screens of the surrounding area. The property contains a single family residence that is not habitable or being inhabited and the applicant has placed a large garage facility in anticipation of approval of this application. Commissioner Gold returned at 2:57 p.m. Commissioner Moore out at 2:57 p.m. Staff has concerns about the buffering against the neighboring property and the applicant has agreed to place a fence to mitigate some of the impact, as well as agreeing to repair the residence so that it is habitable within 2 years of approval of the Special Use Permit, if approved. The new garage is approximately 3,200 square feet (sf). Staff also has concerns in that this is a rural land use that is in an A-1 zone and at the time staff spoke with the applicant he had no plans to rehabilitate or live in the residence. Ms. Dinkins stated she does not know if that is really the applicant's intent at this time, but he did say that he would fix it up. She noted these types of workshops are typically permitted if there is a residence on site. The property is located next to a railroad and another residential property. Ms. Dinkins commented on a request for onsite sale of hay in this vicinity a year or so ago, which was denied. She noted alternate approval conditions are provided should the Board decide to entertain them and briefly commented on several of the alternate conditions. Commissioner Moore returned at 2:59 p.m. Book X, Page 705

58 In response to Chairman Bryant, Ms. Dinkins advised that the applicant is aware of, and has agreed to, all of the conditions. It was noted that Growth Services Department staff recommends denial; however, the P&Z Commission recommends approval of the Special Use Permit with the following Alternate Approval Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions provided with this approval. 2. One driveway is permitted for the home and workshop. Within thirty days of approval, the owner is required to apply for a driveway permit through the Office of the County Engineer, and construct within 90 days of application. The second driveway will be closed. 3. All wood construction and repair activities and materials storage shall occur indoors. There will be no outside storage of materials. 4. Onsite (retail) sales are prohibited. 5. Use of the property for business activities, including deliveries, is limited to Monday-Friday 7:30 am to 6:00 pm. 6. A maximum of two employees are permitted during business hours, only. 7. The Special Use Permit shall run with the owner(s) (Marcos Antunes) and not the property. 8. The Special Use Permit shall terminate if any portion of the subject property is sold, divided, or subdivided. 9. A main residence shall be established and occupied by March 20, 2020, or the SUP shall be revoked. 10. The Special Use Permit shall expire on March 20, 2021; however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time). (Ed. Note: SUP is the acronym for Special Use Permit.) Marcos Antunes, SE 159th Lane, owner, was present and stated he will be living in the house as soon as it can be repaired. In response to Chairman Bryant, Mr. Antunes stated he is aware of the conditions and timeframes in which he would be allowed to work (i.e., Monday through Friday), but will also be on the property on the weekends. Chairman Bryant stated he can be on the property, but cannot operate the business on the weekends. Mr. Antunes stated no one will be working there on the weekends; however, he will be taking care of the property (i.e., landscaping, maintenance, etc.), but will not be working in the shop. Commissioner Stone inquired as to the number of employees and daily activity expected Page 706, Book X

59 during the operation hours. Mr. Antunes advised that he has no employees, but does have some friends that help him at times. Staff has allowed him 2 employees if he is eventually able to grow the business. He stated he is not only a commercial woodworker, but also does artistic jobs, such as sculptures, carvings, wood turnings, etc. Mr. Antunes advised that no commercial customers or retail sales will occur on the property. Mr. Antunes commented on the railroad behind his property and stated with all of his equipment on it will not be as close to as loud as a locomotive or the big trucks that drive in the front. He advised that he will be installing a fence for buffering so as not to annoy his neighbor. Commissioner Zalak inquired as to weekend (Saturday) hours, noting he cannot turn the equipment on without being in violation of the Special Use Permit. He stated if a neighbor complains or has an issue the Special Use Permit can be revoked. Commissioner Zalak noted the applicant needs to make sure he is asking for exactly what he needs and wants. Mr. Antunes stated he understands, but if this is what it takes to get the Special Use Permit he will agree with the conditions and will resume the normal landscaping and cleanup on the weekend, but will accept including Saturdays, at least to noon. Chairman Bryant clarified that the Commissioner is trying to give an opportunity for Saturday hours if needed. Mr. Antunes advised that he would like to be able to have Saturday hours included in the conditions. In response to Commissioner Gold, Mr. Antunes stated he would like to be able to work from 8:00 a.m. to 1:00 p.m. on Saturdays. Chairman Bryant suggested 10:00 a.m. to 4:00 p.m. Mr. Antunes stated 10:00 a.m. to 4:00 p.m. would be perfect. Chairman Bryant opened the floor to public comment. Charles G. Williams, South Highway 301, expressed his concern with noise violations since he has dogs that are outside that may bark at night if the applicant has machines running. Chairman Bryant advised that the Special Use Permit does not allow the applicant to work at night and if he does he is subject to having the permit revoked. Dave Blanchard, South Highway 301, advised that his property is closest to the subject site and expressed concern with allowing a commercial business. In response to Chairman Bryant, Ms. Dinkins advised that Code Enforcement was called when Mr. Antunes was there, but no case was opened because they spoke to him and advised of the process before anything was started. She stated to their knowledge the applicant has not been performing any of the work on this site, as there has been no claim of that occurring and no Code Enforcement Case has been opened. General discussion ensued. Mr. Blanchard advised that he called Code Enforcement and that is why they are here today. In response to Chairman Bryant, Mr. Blanchard stated Code Enforcement was called when Mr. Antunes was constructing his permitted building when he saw the size and scope, as well as electrical fixtures in the floor he knew it was not a private building, but was a commercial enterprise. Chairman Bryant noted Mr. Antunes was not in violation of anything and at this point has followed all of the things he was required to do to come before this Board and is here today asking for a Special Use Permit. Mr. Blanchard questioned whether all they need is a time and date stamp of Mr. Antunes violating his Special Use Permit. Chairman Bryant advised that if any condition of the Special Use Permit is violated Code Enforcement needs to be contacted. Code Enforcement will go out and action will be started at that point; the applicant will be in violation of the Special Use Permit and would possibly be facing revocation. She noted that it is not an automatic revocation. Mr. Blanchard inquired as to how many times the Book X, Page 707

60 applicant has to violate the Special Use Permit before something will be done. Commissioner Stone advised that the violation would come before the Board at some point and revocation would basically be at the Board's pleasure. Mr. Blanchard inquired as to appealing this decision. Commissioner Zalak stated it can be appealed through the courts. Mr. Blanchard commented on concerns with traffic, fumes/odors, hazardous waste, etc. Chairman Bryant opined that it does not sound like the operation is going to be that big, noting he has no employees at this time. Mr. Blanchard advised that the applicant currently has a huge facility in Wildwood. Chairman Bryant stated she can only address the facts that have been presented here today by staff and the applicants testimony. In response to Mr. Blanchard, Chairman Bryant advised that the letter he sent was received. General discussion ensued. Chairman Bryant advised that public comment is now closed. Commissioner Zalak commented on the conditions of the Special Use Permit. Commissioner Stone noted there are 10 conditions and another will be added to address the times. Chairman Bryant opined that the 7:30 a.m. week-day time needs to be changed to no earlier than 8:00 a.m. Commissioner Zalak inquired if during operations this will be indoors with the windows and doors shut. Ms. Dinkins concurred. Commissioner Zalak opined that waste, such as paints, stains, etc., needs to be handled by a special removal company and the applicant needs to provide a contract name. He noted the times need to be changed to Monday through Friday, 8:00 a.m. to 6:00 p.m. and 10:00 a.m. to 4:00 p.m. on Saturday. Commissioner Zalak inquired as to the need for so much time on the residency, noting 12 months is more than enough. Ms. Dinkins advised that she used the rustic wedding approval as an example since that precedence had been set. In response to Chairman Bryant, Mr. Antunes stated if the Board gives him a year, the residence will be done in 1 year. He noted the structure was damaged by the hurricane and a tree landed on top of the house, a couple of windows have been broken and the air conditioning (A/C) has shut down. Mr. Antunes advised that it will take a reasonable amount of time and money to make the house livable, but the house will be fixed and they will live there in the time stipulated. In response to Commissioner Zalak, Mr. Antunes stated 12 months works for him. Commissioner Zalak stated the applicant can still live in the house if additions are being made. Ruth Antunes, SE 159th Lane, Summerfield, inquired as to the foreseen complaints the neighbor stated he would be making and asked if the complaints will be confirmed by Code Enforcement or assumed to be correct. Commissioner Zalak advised that the neighbors, or other witnesses, can supply an affidavit, but most of the time Code Enforcement will request that and they can bring action. The honest truth is that most of the time the Code Enforcement Officers have to witness it. The biggest issue the applicant will likely have is noise and will be fine if they are not breaking the Noise Ordinance. Ms. Antunes advised that her main concern is that the complaints are not assumed when they are being targeted, noting they are obviously not intending on breaking the rules. In response to Mr. Antunes, Commissioner Zalak stated it would be to the applicants advantage in the long term to dampen the noise so as not to hear the saws and other equipment. Mr. Antunes advised that the building is all insulated. Commissioner Stone commented on the condition relating to no retail sales onsite, noting the applicant does sculptures and things of that nature and asked if it is his intent to take pieces of art somewhere else for display. Mr. Antunes advised that all of his customers Page 708, Book X

61 are done by telephone and no one will be going to the property. He stated if someone wants his services he goes to their house and shows pictures; however, his friends do come to his home to look at his work. Mr. Antunes stated people do not need to come to his property to require his services. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to adopt Resolution 18-R-083 granting the Special Use Permit with Alternate Approval Conditions 1 through 11, as amended (see below); disagreeing with Growth Services staff and agreeing with the P&Z Commission recommendation, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 5: Use of the property for business activities, including deliveries, is limited to Monday-Friday, 8:00 am to 6:00 pm and Saturday, 10:00 am to 4:00 pm. CONDITION NO. 7: The site is expected to meet the thresholds of a Very Small Quantity Solid Waste Generator, as defined by the US Environmental Protection Agency. Within 60 days of SUP issuance, the applicant must submit a Best Management Practices Plan to Marion County Growth Services, indicating all waste handline, storage and disposal methods for chemicals, and copies of any contracts for waste removal. CONDITION NO. 10: A main residence shall be established and occupied by March 20, 2019, or the SUP shall be revoked. The motion was unanimously approved by the Board (5-0). (Ed. Note: Due to the addition of a new Condition No. 7, the original Conditions No. 7 through 10 are now renumbered as Conditions 8 through 11.) 14C SU - Marshall Swamp, LLC, Special Use Permit in A-1, Acres The Board considered a petition by Marshal Swamp, LLC, Lester Coggins, Manager (owner/applicant), 9595 Silver Lake Drive, Leesburg, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a private air-strip for personal use in an A-1 (General Agriculture) zone on approximately acres of Parcel Account Nos , and WRITTEN OPPOSITION WITHIN 300 FEET: 15 of 38 = 39%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lord, seconded by Ms. Mastrantonio, to agree with staffs findings and recommendation, and recommend approval of the requested special use permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 5 to 1 with Mr. Thompson dissenting. Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request for a private airstrip with a rural land use in an A-1 zoning classification on acres. The applicant is Marshall Swamp, LLC and the property is located on NE 7th Street, approximately 1.25 miles east of Baseline Road. The county allows airstrips in A-1 zones by Special Use Permit; Policy of the Marion County Comprehensive Plan allows the same if the private airstrip can be operated safely. The applicant advised that he has over 14,000 hours of flight time with zero accidents. Book X, Page 709

62 Mr. Weyrach referred to the Concept Plan (shown on the overhead screens) and stated the red line indicates the approximate line of where the airstrip would be located. The airstrip will be grass, if grass can grow there. He advised that one of staffs concerns is the residences to the west of the proposed location of the airstrip. Mr. Weyrauch referred to the photograph (shown on the overhead screens) of the large power pole north of NE 7th Street, which is a hazard, noting the applicants flight path will require him to come in from the south and then turn around and take off going from the south to avoid crossing NE 7th Street. He referred to the photograph showing the southern end of the proposed runway, and if the Special Use Permit is approved, the applicant will have to clear some of the trees. Mr. Weyrauch shared a couple other photographs of the property from and/or looking from NE 7th Street. He briefly addressed the conditions of the Special Use Permit. Growth Services Department staff and the P&Z Commission recommend approval of the Special Use Permit with the following Conditions: 1. The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval. 2. This Special Use Permit shall run with the applicant (Lester Coggins) and not the property. 3. The Special Use Permit is limited to a maximum of two (2) single engine propeller planes for 10 (ten) days a year and one (1) single engine propeller airplane for the rest of the year. 4. No routine mechanical repairs/maintenance on the airplane shall take place on-site, only emergency repairs allowed. 5. Approval from the FAA must be submitted to the Growth Services Director prior to use of the airstrip. 6. Operations shall be limited to daytime use only. 7. Flights shall land coming from the south and take off going to the south. 8. Any expansion or lighting for the airstrip will require a new Special Use Permit. 9. The Special Use Permit shall expire on February 20, 2021; however, it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time) In response to Commissioner Zalak, Mr. Weyrauch advised that the applicant requested 10 times a year to be able to bring his son or friend with a similar size plane as his; otherwise it would just be the one plane. Commissioner Zalak stated it would be 10 times a year for another airplane. Mr. Weyrach concurred. Chairman Bryant clarified that it Page 710, Book X

63 would be 10 times a year for 2 aircrafts to land. Commissioner Stone clarified that as an owner the applicant can come in and go out 365 days. Mr. Weyrach stated that is correct, unless the Board puts a limit on that, noting the applicant will be limited to weather, lighting, etc. Ed Abshier, SE 111th Street, Belleview, representing the applicant, was present. Lester Coggins, Silver Lake Drive, Leesburg, applicant, was also present. Mr. Abshier advised that Mr. Coggins is a commercial pilot and owns a small Piper Cub aircraft and would like to fly to his property here in Marion County. He stated in actuality the applicant will probably fly less than 20 times a year to this property. The aircraft will not be stored on the subject site, but the applicant has a little place where he can sleep and then fly back the next day. Commissioner Zalak inquired as to the purpose. Mr. Abshier stated the applicant is a pilot and likes to fly, noting it is an hour drive to his property compared to a 15 minute flight. Mr. Coggins advised that he has a timber operation on the property and works there, noting he has another property in Sumter County with an airstrip and it makes sense to fly between the 2 properties. In response to Commissioner Stone, Mr. Coggins stated he would not be doing any touch and goes, but will simply fly in and out. He noted he has a barn that he can go to and a tractor where he can take care of any kind of land management project and then depart. Mr. Coggins stated the runway will be too short for touch and goes. He advised that he truthfully does not want anyone else using the airstrip, noting it will not be charted and he will do everything he can to keep it quiet, due to the liability. Chairman Bryant opened the floor to public comment. Eileen Klepper, NE 72nd Terrace, presented 2 photographs (8.5-inch by 11-inch) with handwriting on the back of each, showing the proximity of the proposed airstrip to her property. She voiced her concerns with safety and the close proximity to residences, noting it will take years for any plantings to grow enough to protect them. Ms. Klepper further expressed concerns with noise, vibrations, storage of fuel, and wildlife. She questioned who will monitor flights by the applicant or guests. Commissioner Stone inquired as to a tree line in comparison to the Klepper residence and the proposed airstrip. Chairman Bryant advised that the aerial photograph (shown on the overhead screens) shows the Klepper property is a little bit north of the beginning of the airstrip. Mr. Abshier stated the airstrip will start about where the white spot is on the screen. Commissioner Stone asked if the tree line will stay separating the property. Mr. Abshier stated there will be 100 feet between there; the existing Sand Pine trees had a disease and the applicant was told by his agricultural person to clear them out, which he did. He noted one of the photos show where the trees were replanted, which is between the airstrip and property line. Mr. Abshier advised that trees have already been planted. In response to Chairman Bryant, Mr. Abshier stated the game fence belongs to the applicant. Kim Szkudlarek, SE 120th Place, Belleview, noted she owns rental property on NE 3rd Street, which is 4 houses away from the subject site. She voiced her concern with allowing airplanes in the middle of the forest and stated the applicant needs to park his plane at the Ocala Airport. Marion M. Davis, NE 72nd Terrace, expressed her concern with the proposed airstrip and noted the applicant owns over 500 acres. She questioned why the applicant did not locate the airstrip where there is no housing. Ms. Davis stated the proposed airstrip is 300 feet from her backyard and she can see no more trees, only dirt. She voiced her concern with Book X, Page 711

64 property values should she want to sell her property and asked who would want to buy a property with a landing strip 300 feet from the backyard. Ferne Day, NE 72nd Terrace, presented 19 (4x6) photographs with handwriting on the back of each. She noted her basic concern is with safety and advised that she went around to 3 different neighborhoods surrounding the subject property and got about 72 signatures on a petition opposing the airstrip (included in the agenda packet). Ms. Day advised that her property abuts the subject site where trees were removed. She voiced her concern with debris from the plane taking off and questioned how long it will take for the planted pines to grow to provide protection. In response to Ms. Day, Commissioner Zalak advised that the applicant has to file a flight plan every time he flies. Ms. Day stated they are concerned with safety from crashes or fires and advised that she does not want this in her backyard. Chairman Bryant advised that public comment is now closed. Commissioner Zalak commented on the applicants fence from the neighbor's property line, then there is a dirt road and cleared land; and questioned where the trees are, noting they would obviously replant with pines. Mr. Abshier advised that the trees have already been replanted, which are very little when first planted, but are shown in one of the photographs (in the Agenda packet). The property is 330 feet wide that goes through there and the applicant needs about 50 feet for the plane, leaving 130 feet on each side of the runway that will be treed. Commissioner Zalak inquired as to the number of rows of pines between the road and where the runway will be located. Mr. Coggins stated there are 6 to 7 rows of pines. Commissioner Zalak asked if that is between the road and basically where the runway will be, in the broken soil. Mr. Coggins concurred. In response to Commissioner Zalak, Mr. Coggins stated the length of the runway depends on how the Federal Aviation Administration (FAA) does the whole thing, noting there is about 2,000 feet from the wetlands at the south end to the road. He opined that they will end up with between 1,500 to 1,800 feet of runway. Commissioner Zalak questioned the reasoning for selecting this location. Mr. Abshier referred to the Concept Plan showing the wetlands on the subject site. He noted the proposed location is the longest portion outside of the wetland. In response to Commissioner Zalak, Mr. Abshier stated it is the 100 year flood zone and dirt cannot be added to build that area back up. Mr. Abshier advised that the applicant is not going to have a bunch of people flying in and out of the airstrip. He commented on other areas with airstrips, such as Leeward Air Ranch, where people live next to runways and have no problems. Commissioner Stone inquired as to Mr. Coggins' credentials, size of the plane, and if this is a grass strip he is intending to use. Mr. Coggins stated he is hoping to get some grass to grow in the airstrip, noting it is currently sand and will not be a paved or lighted runway. He advised that he flies a Piper Super Cub aircraft with 2 seats and 180 horsepower (hp). The emissions will be no worse than his pickup truck, as the engine is about half the size of his truck. Mr. Coggins stated if he flies in it will eliminate his truck since he will be going to the property one way or another. He advised that he has been flying for 45 years, 1,400 hours rated in a number of jets and turbo props; and flies professionally. Mr. Coggins further advised that he is a flight instructor and certified mechanic. In response to Chairman Bryant, Mr. Coggins advised that he is currently going to the property once or twice a week, but will not be flying for every trip as he cannot leave after dark or come in before daylight, which eliminates some trips. He stated he also brings supplies and equipment to the property and will need to use the truck for those trips. Most Page 712, Book X

65 of the trips will be day trips where he can do some work for a couple of hours and then leave or he may stay overnight and leave the next day. In response to Commissioner Stone, Mr. Coggins advised that he will not store aviation fuel on site as the plane can easily arrive and return without refueling. Commissioner Zalak noted it will not be an issue to keep aviation fuel on site as it will be the same as keeping diesel fuel. Mr. Coggins stated he does keep diesel fuel on the property for the tractor, but there is no reason to keep aviation fuel there. A motion was made by Commissioner Gold, seconded by Commissioner Stone, to adopt Resolution 18-R-084 granting the Special Use Permit with Conditions 1 through 9, agreeing with Growth Services staff and the P&Z Commission recommendation, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). Commissioner Zalak out at 3:49 p.m. 14C SU - Scott D. Short, Special Use Permit in R-1, 2.14 Acres The Board considered a petition by Scott D. Short (owner) / Klein & Klein, LLC (Fred N. Roberts, Jr., Esquire) (applicant), 5060 SW 133rd Avenue, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for parking a commercial vehicle in a R-1 (Single Family Dwelling) zone on approximately 2.14 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 6 of 11 = 55%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Ms. Mastrantonio, seconded by Mr. Kroitor, to agree with staffs findings and recommendation, and recommend approval of the requested special use permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 5 to 1 with Mr. Lourenco dissenting. Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request by Scott Short, applicant, to park a commercial vehicle in an R-1 zone on 2.14 acres. He referred to the aerial photograph of the subject site (shown on the overhead screens), which is located in Rolling Hills, Phase 5. The property has a rural land use designation. This request was generated by a Code Enforcement violation for parking a commercial vehicle in a residential neighborhood. Mr. Weyrauch referred to the Concept Plan and commented on the point of ingress and egress. The applicant has an existing 30 foot by 100 foot (30'x100') garage on the site and the dark gray box is the residence. This is a father/son team who drive over the road and are on the road for 2 weeks and home for 2 weeks; they estimate two trips a month. Commissioner Zalak returned at 3:51 p.m. Mr. Weyrauch commented on Special Use Permits within a 1 mile radius. In 2006 a request was denied; however, one was approved in June of 2017 (1.9 miles away). The property is located on a dirt road that is maintained by the county. He shared several photographs on the overhead screens of the vehicle (flatbed with a curtain), the subject site, driveway, intersection to the west leading to the paved road, and adjacent roads. Growth Services Department staff and the P&Z Commission recommend approval of the Special Use Permit with the following Conditions: Book X, Page 713

66 1. The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval. 2. The owner/operator of the commercial vehicle shall reside onsite. 3. This Special Use Permit shall run with the applicant (Scott Short) and not the property. 4. The Special Use Permit is limited to a maximum of one (1) commercial tractor and one trailer as indicated in the submitted application. (VIN NUMBER: Pending, will be placed before resolution) 5. The parking/storage of a refrigerated trailer unit(s), or refer unit(s), is prohibited. 6. Vehicle must be stored inside the garage. 7. No mechanical repairs/maintenance on the commercial vehicle shall take place on-site. 8. Applicant will have to demonstrate that the site does not cross the 9,000 sf impervious surface area threshold, if impervious area is greater than 9,000 sf then applicant will need to go through the DRC process for Major Site Plan or waiver with Stormwater Review. 9. Applicant will be limited to 3 trips a month. Each trip includes exit and entry to the property. 10. The ingress/egress shall be from SW 51st Lane. The applicant may be required to stabilize the existing driveway if the private subdivision deems it necessary to continue use of SW 51st Lane. Any driveway apron and/or other related improvements required by the Marion County Office of the County Engineering Department, pursuant to this condition, shall be completed within ninety (90) days of notification that improvements must be made. 11. The Special Use Permit shall expire on February 20, The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future. Mr. Weyrauch briefly addressed several conditions of the Special Use Permit. In response to Commissioner Gold, Mr. Weyrauch stated the vehicle will be stored inside the garage at all times. Chairman Bryant questioned whether there would be 1 trip in and 1 trip out once a month. Mr. Weyrauch concurred and noted that the applicant requested a maximum of 3 trips per month at the P&Z Commission meeting in the event the vehicle needed to be serviced. He clarified that the vehicle comes in and the father/son team are home for 2 weeks and then leave 2 weeks later. Commissioner Zalak opined that is 1 trip. Mr. Weyrauch advised that a 2nd trip will occur during longer months. Commissioner Zalak requested staff to define a trip. Mr. Weyrauch stated a trip is entering and leaving. Chairman Bryant clarified that she was saying 1 trip in and 1 trip out, which is actually 1 trip. Mr. Weyrauch stated it is trip 1A and 1B (one trip in and one trip out). In response to Commissioner Stone, Mr. Weyrauch stated the trips are for the cab and flatbed, noting the trailer will be empty. He advised that the applicant stated they drive to Tampa to load and back again to unload before driving home. Fred Roberts, SE 11th Avenue, attorney, representing the applicant, was present and commented on the number of trips. The reality is that it is 2 weeks on the road and 2 weeks off the road; the 3rd trip is simply a request for peculiar scenarios. If the father/son team leaves on the first of the month they would return 2 weeks later and 2 weeks from Page 714, Book X

67 then would leave again. In a 4 week period the vehicle would be coming and leaving a total of 3 times. In response to Chairman Bryant, Mr. Roberts advised that when they said 3 trips it was discussing coming and going, but that is not how they are using it. The applicant advised him that he only needs 2 trips because he services the vehicle out of state. The only scenario would be something completely crazy. The Board could make it 2 trips per month with an emergency 3rd trip twice a year, which is not an anticipated scenario. Chairman Bryant clarified that all the applicant is going to do is park the truck and then get in it and leave. Mr. Roberts concurred, noting the truck must be stored onsite in the garage where it cannot be worked on, ever. He noted another condition that was agreed to at the P&Z Commission meeting, but is not in the proffered conditions is the planting of a buffer around the entirety of the garage. Commissioner Zalak commented on the need to make sure they are giving themselves enough trips in the event of needed repairs, tires, etc. General discussion ensued. Mr. Roberts stated what is being requested is relatively special circumstances for commercial vehicles: 1) indoor storage, which is relatively unique and expensive; 2) this particular truck is relatively sophisticated vehicle that has a couple of things, such as an automatic lift axle, so that when the truck is unloaded it is actually only running off 1 less axle, and runs on 8 super single tires and there are no twin tires on the back; unloaded, the truck weighs 28,560 pounds. Two trash vendors are providing bi-weekly services in the neighborhood; loaded weight of a trash vehicle is 45,000 (give or take a couple of pounds). Commissioner Zalak noted a loaded trash vehicle could be heavier or lighter and depends on what part of the route you are on at the time. Mr. Roberts concurred, but advised that the vehicle in question would be running a limited number of trips with an equal or less impact than a trash truck on a single trip, excluding any other service vehicles that operate on the road. He requested that buffering around the garage be included as a condition of the Special Use Permit, noting if necessary, a buffer will be planted around the property. Mr. Roberts advised that their conceptual plan currently shows a single entry and a single exit. He clarified that the vehicle is entering from one direction and exiting from another, which was done with the thinking that it would be beneficial and one less road that it would access and the less homes it would run in front of, noting there are a couple of people across the street who do not want the truck to drive in front of their property. As an alternative, the applicant can have an internal turn-around on the property where he would enter and exit from one access point at SW 133rd Avenue. Mr. Roberts noted questions were raised at the P&Z Commission meeting in regard to monitoring. Obviously, it is a Code Enforcement issue if the applicant violates the Special Use Permit. In the event the applicant violates the Special Use Permit by coming and going all the time then the permit will be revoked, which the applicant is well aware of, which is not the intention. When all is said and done he will have spent a significant amount of money for one reason; to keep the truck at home onsite when home and can drive off when leaving. The applicant is aware that the Special Use Permit will be revoked if it is violated. Mr. Roberts noted that most of the issues raised at the P&Z Commission meeting have been addressed in the conditions. He stated he will be happy to answer any questions and address any issues that are raised. Commissioner Stone questioned the possibility of raising the curtains when driving in and Book X, Page 715

68 parking in the garage. Mr. Roberts opined that would not be a problem. Commissioner Stone stated the raised curtain is for perceptions sake of the neighbors that the trailer/flatbed is empty. Chairman Bryant noted these are limerock roads and commented on the dust that will be created. General discussion ensued. In response to Commissioner Stone, Mr. Roberts stated the Special Use Permit will expire in February of He advised that it is a 5 year permit, which will be coming back, but can be revoked if violated. Chairman Bryant noted the permit can be renewed by Administrative Review. Commissioner Gold questioned whether the preferred entrance is included. Commissioner Moore out at 4:08 p.m. Mr. Roberts stated the applicant would be fine with a single point of entry, but will defer to the pleasure of neighbors and/or the Board. Chairman Bryant opened the floor to public comment. Josef Rettenberger and Mary Ann Rettenberger, SW 134th Terrace, appeared to address the Board. Mr. Rettenberger advised that his biggest complaint is the roadway, noting when they moved in they were told they would have to pay an assessment for 10 years and if the county allows big trucks to run on the road regardless of the number of tires it will tear up the road that he and his neighbors are expected to pay for. Commissioner Moore returned at 4:09 p.m. In response to Commissioner Stone, Mr. Rettenberger stated that anyone who does not have a driveway onto SW 134th Terrace does not pay the $783 annual assessment amount. Mr. Rettenberger questioned who will pay for tearing up the road. Ms. Rettenberger noted others who do not live on SW 134th Terrace, which is a paved road, are using that road rather than the dirt roads. Chairman Bryant inquired as to garbage vehicles on the road. Ms. Rettenberger advised that they do not use a garbage service, but others do. Joe Metivier, SW 51st Lane, presented a 9 page handout regarding turning radius studies and expressed concerns with the turning radius of an 18 wheeler with a trailer of the applicant's size on narrow subdivision roads. He advised that the handout presented addresses 2 studies that were conducted, noting the first few pages tell how the studies were done and page 8 starts the results. Mr. Metivier commented on a truck and trailer that is smaller than the applicants that takes a minimum roadway width of 27 feet for a 90 degree turn; however, the paved roads in the subdivision are 22 feet wide. He referred to the picture in the handout (last page) and stated the truck will tear up the roads and cause safety hazards. Mr. Metivier advised that an 18 wheeler with a trailer has never been permitted in the subdivision and questioned why they would start now. Ellen Metivier, SW 51st Lane, noted one of her biggest concerns at this time is that the building erected by the applicant does not conform to the style of houses in the area. She stated the majority of trees were removed from the property so that nothing is concealed. Mr. Minter referred to the handout presented by Mr. Metivier and asked if it was prepared by her husband or an engineer. Ms. Metivier advised that it was downloaded from the Internet. Aimee Frey, SW 133rd Avenue, presented a 2 page handout containing 4 pictures of the surrounding area showing the widths of the roads. She expressed her opposition to the Special Use Permit, noting her concerns are similar to what has already been heard. Chairman Bryant advised that public comment is now closed. Commissioner Zalak inquired as to how large someone can build a garage. Mr. Martsolf Page 716, Book X

69 advised that there is no maximum size, but at some point the Stormwater will have to be controlled to avoid becoming an issue. Mr. Roberts stated he is unsure how much veracity can be given to the study that was presented. The applicant's home is under construction now and a full length semi-truck (local) delivery was made to their home with no problems. The issue is raised while at first blush can seem to cause concern, although actual anecdotal evidence demonstrates that it has not been a problem thus far, as there are delivery and service vehicles using these roads on a daily basis. A daily use is distinguishable from a very limited number of trips. Mr. Roberts stated they also take a little bit of issue with impact to the road because of the very limited nature of this request. He commented on the building and advised that they want a condition added that three sides of the garage will be buffered. Mr. Roberts noted that the applicant's home and pool are still under development and is why the subject site has no trees and looks like dirt. Commissioner Stone noted the county maintains those roads now and asked if any fee is assessed to homeowners living on that road. Mr. Bouyounes advised that homeowners on that road are not assessed a fee for maintenance. Commissioner Zalak stated only those with a MSTU are assessed. Mr. Bouyounes noted there is no MSTU in this subdivision. He clarified that the only assessment is for those paved roads, which went through the process. Commissioner Zalak expressed concern with the MSTU, noting he has not voted to allow anyone to put a commercial vehicle on any assessed roadways. He inquired as to any impact from the vehicle coming on or going off that road from an apron standpoint. Mr. Bouyounes opined there will be additional wear and tear, but it is not something that the county does not deal with and take care of on a regular basis. He noted the Board can include a condition that the vehicle can only cross SW 134th Terrace instead of driving down the paved road. Mr. Bouyounes opined that a dirt road connects all the way back to SW 140th Avenue, which is probably the road the applicant needs to be using to go in and out. Commissioner Zalak inquired if the entire paved roadway length can be avoided. Mr. Bouyounes stated they will have to cross SW 134th Terrace, which will be limited to only that one intersection. He advised that this will minimize the impact on paved assessment road. Mr. Bouyounes opined that the county should take care of any more damage caused to that intersection. Commissioner Zalak stated a condition should be added that if by some effect the county sees that this particular vehicle has impacted the roadway that it would be cause to bring this back to be re-evaluated by the Board, or assess the applicant some amount of money. General discussion ensued. Mr. Bouyounes advised that SW 49th Place goes all the way from SW 133rd Avenue where the driveway would be, to SW 140th Avenue. Chairman Bryant questioned whether more of an impact is being created by just crossing that road. Mr. Bouyounes stated it would be a very limited area. Commissioner Zalak stated it would be better than turning, noting the turn is where you tear up roads. Mr. Bouyounes advised that he does not know the condition of SW 49th Place, but the county needs to make sure it is accessible by this type of vehicle. Mr. Roberts advised that his clients have no objection to that route. Commissioner Zalak inquired as to any issue that if the county sees some degradation to the road from an apron standpoint that they may have to make an improvement in the future. Mr. Roberts advised that he has no problem with that, as long as it is not an Book X, Page 717

70 automatic revocation instead of coming back for discussion; with the caveat that if damage is caused where they can reasonably say the applicant caused the damage and he can pay to fix the problem as opposed to having the permit revoked. Commissioner Zalak noted damage to the road could be caused by the applicant, as well as a couple of motorhomes. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to adopt Resolution 18-R-085 granting the Special Use Permit with Conditions 1 through 12, as amended (see below); agreeing with Growth Services staff and the P&Z Commission recommendation, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 4: The Special Use Permit is limited to a maximum of one (1) commercial tractor and one trailer as indicated in the submitted application. (VIN NUMBERS: TRACTOR 1FUJCRCK24PM36769 AND TRAILER 1E9AA4824J ). CONDITION NO. 6: Tractor and trailer must be stored inside the garage. CONDITION NO. 8: A vegetative buffer is required on three (3) sides of the garage. CONDITION NO. 11: The ingress/egress shall be from SW 49th Place to SW 133rd Road. The applicant is not to travel on SW 133rd Ave. The applicant will be required to install concrete aprons on SW 134th Terrace at the intersection of SW 49th Place if the County deems appropriate. Any driveway apron and/or other related improvements required by the Marion County Office of the County Engineering Department, pursuant to this condition, shall be completed within ninety (90) days of notification that improvements must be made. The motion was unanimously approved by the Board (5-0). (Ed. Note: Due to the addition of a new Condition No. 8, the original Conditions No. 8 through 11 are now renumbered as Conditions 9 through 12.) 14D. Adoption of Ordinance 14D1. Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to adopt Ordinance amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing. The motion was unanimously approved by the Board (5-0). Ordinance is entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE. **REMAINDER OF PAGE INTENTIONALLY LEFT BLANK** Page 718, Book X