Official Minutes of MARION COUNTY

BOARD OF COUNTY COMMISSIONERS

Ma{17,2016

CALL TO ORDER: The' Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:05 a.m. on Tuesday, May 17, 20,16 at the Marion County Governmental Complex located in Ocala, Florida.

INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by Commissioner McClain and the Pledge of

.Allegiance to the Flag of our Country.

9:00 AM ROLLCALL: . Upon roll call the following members were present: Chairman Kathy Bryant, District 2; Vice-Chairman Carl Zalak, District 4; Commissioner, David Moore, District 1; Corrirnissioner Stan McClain, District 3; and Commissioner Earl Arnett, District 5. 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 12B).

1. PROCLAMATIONS/PRESENTATIONS/RESOLUTIONS:, Upon motion of Commissioner McClain, seconded by Commissioner Moore, the Board approved and/or ratified the following: .

1A. PRESENTATION- Plaque Honoring Senator Charles S. Dean, Sr. (Presentation Only) The following recommendation was presented by Executive Assistant Nadja M. Griffis, Commission Office: ..

Description/Background: Senator Charles S. Dean, Sr. has served the citizens of Marion County for fourteen years, first in the Florida House of Representatives (2002 - 2007) and then in the Florida Senate (2007 - 2016). A handful of his sponsored legislation passed includes HB 7053 - Rural Agricultural Industrial Centers; SB 550 - Environmental Protection; SB 244 - Water Management Districts; and SB 552 - Environmental Resources. He has also been key in many environmental issues such as the gradual increase in springs funding to its current $50 million (recurring every year), and setting up the framework for Amendment One, the Florida Water and Land Conservation Initiative. Budget/Impact: None. Recommended Action: Motion to present a plaque honoring Senator Dean for his tireless and dedicated work on behalf of Marion County.

The Board of County Commissioners (BCC) presented Senator Dean with a plaque honoring him for his tireless and dedicated work on behalf of Marion County. Chairman Bryant noted Senator Dean's daughter, Shannon Wright, is also present. She advised that Senator Dean started his career as a classroom teacher and went on to

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become the Sheriff of Citrus County, From there Senator bean went to Tallahassee as a member of the House of Representatives prior to becoming a State Senator. Chairman Bryant advised that Senator Dean has been astrong advocate for Marion County, as well as every other county he has represented over the past 14 years." Senator Dean thanked the BCC and stated it has been his honor to serve. He advised that he has deep roots in Marion County, noting his father was born in Cotton Plant (near Dunnellon). Senator Dean stated the work performed by the Marion County BCC has been exemplary and is one of the best County Commissions in the State of Florida.

18. PROCLAMATION - Drug Court Month - Judge Jonathan D. Ohlman & Judge Robert E. Landt (Approval and Presentation) The Board approved and presented the Proclamation designating the month of May, 2016 as "Drug Court Month" to Judge Jonathan Ohlman, Judge Robert Landt, Court Case Manager Debbie Clark, Administrative Manager Thomas Aernisegger, Court Administrator Todd Tuzzolino, and several other members of the Drug Court staff. Judge Landt, on behalf of the entire Court system, thanked the BCC and taxpayers of

, . Marion County for their support. He commented on the profound impact the program has on Marion County, which saves' lives, families and taxpayer money. Judge Ohlman recognized the Case Managers, Prosecutors, Defense Attorneys, treatment professionals, law enforcement and correction officers, as well as community leaders who dedicate their time to ensure the program's success. Court Administrator Todd Tuzzolino thanked the BCC for its continued support, noting the program's number. one goal is public safety. He stated the program also reduces incarceration costs at the local county jail.

1C. PRESENTATION - Recognition of the Citizens Academy Graduating Class of 2016 ­Elaine McClain, Public Information Officer (Approval and Presentation) . The following recommendation was presented by County Administrator Mounir Bouyounes, Administration: .

Description/Background: On March 3, 2016, the Marion County Board of County Commissioners opened the seventh year of the Citizens Academy. This ten week program offers citizens a behind the scenes look at many Marion County services and departments. ' By. participating in the academy this year, citizens learned about the following Marion County Departments: Administration, Fiscal Management, Human Resources, Public Information, Procurement, Information Technology, Animal Services, Solid Waste, Community Services, Extension, Services, .Veterans Services, Facilities Management, Parks and 'Recreation, Visitor Convention Bureau, Utilities, Office of the County Engineer, Airport,. Fire Rescue, Fleet Management, Library, Growth Services (Planning, Zoning & Code Enforcement), and Building Safety. The ten sessions were held on Thursday mornings from 9:00 a.m. to 12:00 p.rn, Graduating from the program today are 31 of the 33 citizens who originally registered.: Budget/Impact None. Recommended Action: .Presentation and recognition' of the graduating Citizens Academy Class 2016..

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Public Information Officer (PIO) Elaine McClain, Office of Public Information, recognized, the graduating Citizens Academy Class 2016 and presented each with a pin, certificate, a CD (compact disc) containing photos and a class picture. Ms. McClain'advised that each session included in-depth presentations from department Directors and key staff, as well as behind the scene tours and field trips throughout the county. She thanked the Citizens Academy Committee, which is comprised 'of county staff who helped coordinate and organize each session. Ms. McClain also thanked each Commissioner for attending and speaking with the group throughout the program. She expressed her appreciation to the SunTrans bus system, along with the Solid Waste Department for providing its litter bus for the group's transportation for many of the sessions. Ms. McClain stated it is staff's hope that graduation is not the end, but rather the beginning of the group's involvement in Marion County government.

10. PRESENTATION - Recognition of Young Student Artists for Their Original Creations Featured in the Newspapers in Education Tabloid "Splash Into Our Water Resources" ­Gail Mowry, Stormwater Engineer (Presentation Only) The following recommendation was presented by County Engineer Tracy Staub, Office of the County Engineer (OCE): '

Description/Background: The Marion County Board of County Commissioners would like to personally congratulate eleven young student artists selected to have their original creations featured in, the Marion County Office of the County Engineer's Newspaper In Education Tabloid (NIE Tab) "Splash Into Our Water Resources". Also being recognized are the students' art teachers. The NIE Tab focuses on Marion County's water resources and covers topics ranging from karst topology and the formation of springs to how to prevent stormwater pollution. Art work from these Marion County students is displayed

, throughout the tab and reflects how they have been inspired by the'county's water , resources. The NIE Tab was designed and produced by the Marion County Office of the County Engineer and the Office of Public Information in collaboration with Marion County UFIIFAS Extension Service and the Ocala Star Banner. Budget/Impact: None. Recommended Action: Motion for Presentation of certificates to students.

Stormwater Engineer Gail Mowry, OCE, presented certificates to students and thanked staff members Jacob Arnette, Stacie Causey, Ann McCoven, Yilin Zhuang, Jack LaCroy, and County Engineer Tracy Straub who assisted with the production of theNIE Tab. She advised that the NIE Tab is printed in the Ocala Star Banner annually and distributed to approximately 8,000 fourth and fifth grade students across,the county every year. ' Ms. Mowry introduced art teachers Jeanette Lewis, Marion CountyParks and Recreation, who works with home school students; Marshall Pettway, Dr. N.H. Jones Elementary School; and Principal Dawana Gary, Dr. N.H. Jones Elementary.

1E. PROCLAMATION - Emergency Medical Services Week "Called to Care" - Rodney Mascho, Division Chief (Approval and Presentation) The Board approved and presented the Proclamation designating the week of May 15 through 21,2016 as "Emergency Medical Services Week: Called to Care" to Emergency Medical Services (EMS) Division Chief Rodney Mascho, Fire Chief Paul Nevels, Marion County Fire Rescue (MCFR) and several EMS technicians/paramedics.

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EMS Division Chief Rodney Mascho, MCFR, commented on the over 500 .EMS technicians/paramedics who provide lifesaving services every day to the citizens of Marion County. He advised that the department partners with local hospitals who will be recognizing EMS Week by providing lunches for EMS staff throughout the week. Chairman Bryant opined that Marion County has one of the finest emergency response aqencies in the State of Florida..

1F. PRESENTATION - Thank You and Recognition of the Board of County Commissioners for Participating in the 1st Annual Celebrity Boxing Match, Held on April 1, 2016 - James Samson, Owner/Operator of Samson's Gym (Presentation.Only) The following recommendation was presented by Executive Assistant Griffis, Commission Office: . .

Description/Background: TI1e 1st Annual Celebrity Boxing Match was held this year on April 1, 2016. This event raised approximately $6000.00 for Veterans Helping Veterans and the Broken Wing Foundation. Budget/Impact: None. Recommended Action: Motion for presentation only.

County Administrator Mounir Bouyounes advised that this Item has been rescheduled to the June 7,2016 regularly scheduled BCC meeting. .

1G. CERTIFICATE OF RECOGNITION - Circuit Judge David B. Eddy (Approval Only) The Board approved the Certificate of Recognition honoring Circuit JUdge David B. Eddy for his notable service in the preservation of the orderly administration of justice and peace in Marion County. It was noted that Judge Eddy is scheduled to retire on May 31, 201a .

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 ava.i1able 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. Gene LaCross - EPA Gene LaCross, NE 22nd Avenue, did not appear when called upon to speak in regard to the Environmental Protection Agency (EPA).

2B. Beverly LaCross - Unspecified Topic Beverly LaCross, NE 22nd Avenue, did not appear when called upon to speak.

2C. Hagan Smith - Unspecified Topic .Hagan Smith, NW 105th Terrace, did not appear when called upon to speak.

20. Pamela Ayers - General Comments Pamela Ayers, NE 22nd Avenue,addressed the Board in regard to court registry funds and the BCC check registry and disbursement funds. She.thanked Senior Accountant Michael Adams, Marion County Clerk of the Circuit Court Finance Department, for his help in this matter. She commented on the county's Comprehensive Annual Financial

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Report (CAFR) and referred to a YouTube video called "The Introduction to the CAFR and Why You CanlGet-Ahead" by Jerry Day.

2E. General Public Comment (Limited to 2 Minutes Each Speaker): Audrey Ulozas, SW 130th Avenue, addressed the Board in regard to the SamardaklCloud 9 Municipal Service Taxing Unit (MSTU) road assessment project She presented a 5 page handout, which she read, in- part, into the record. Ms. Ulozas advised of previous comments made at the February 2, 2016 BCC meeting and expressed concern that no action has been taken at this time to correct the many deficiencies that exist on the newly paved roads within the .subdivision, She noted many of the roads included in the assessment started to crack as soon as they were paved and grass is now growing in those cracks. Ms. Ulozas advised that property owners were assessed over $9,000 per lot and it appears that much of the work has not been properly completed. She stated at the February 2, 2016 meeting, the BCC agreed to notify the contractor's bonding company of the many issues property owners are having with the construction of the roads; however, she never received a copy of the letter/notification and is unsure if it has been done: In response to Ms. Ulozas, County Attorney Minter advised that staff did notify the bonding company and at this point is just waiting to see what further action will be taken regarding the project. He advised that the bonding company has yet to intervene in the process. In response to Chairman Bryant, County Administrator Bouyounes advised that additional testing has been performed, noting the contractor recently advised of the possibility of engaging asecond engineering firm to review the road cracking issues.' He clarified that it is not an obligation that the contractor has to hire another engineering firm; however, it is an option that staff is encouraging. Mr. Bouyounes reiterated that both the contractor and the bonding agent have- been notified of the issues and staff ls.waitinq for an answer as to how the firms are going to resolve the problems. Chairman Bryant requested Acting MSTU Director Shawn Hubbuck meet with Ms. Ulozas to provide her more information as to what actions the county will be taking to resolve this matter., .Ms. Ulozas advised that the white line on SW 97th Lane vilas dug up during the repaving process and to this date no one has come out to repaint it, noting the line is before the stop sign. Chairman Bryant, requested Ms. Ulozas provide that information to Mr. Hubbuck. She directed Mr. Hubbuck to update the Board with any correspondence the department receives from the contractor and/or bonding agent. ComrnisslonerZalak questioned whether there is a timeline by which the contractor must respond. Mr. Bouyouneis stated the bond is still enforceable, noting staff is working with the contractor and can place the company on Notice of Deadline if that is the Board's direction. He requested the Board allow him to continue to work with the contractor. ' Thomas Romeo, SW 95th Street, advised that he contacted Mr..Hubbuck, but has not yet received a response. He commented on a core sample that was taken on SW'97th Place that failed, noting this is another deficiency that has never been addressed. Mr. Romeo noted his driveway is in' terrible condition and floods due to an insufficient swale. He addressed the option that will allow property owners to place 'their MSTU assessment

, funds 'in the hands of a Judge rather than paying it-to the county until the issues are resolved. Mr. Minter addressed cases of ACtion in Interpleader, which is a civil procedure that allows a plaintiff to initiate a lawsuit in order to compel two or more parties to litigate a dispute,

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noting the disputed funds can be deposited with the Clerk of the Court; however, this is not that typical type of circumstance. Mr. Romeo stated he cannot afford an attorney. Mr. Romeo advised that the subdivision is also missing two stop signs at the intersections of SW 97th Place and SW 137thAvenue, as well as SW 99!h Lane and SW 130thAvenue: In response to Mr. Minter, Mr. Romeo advised that the stop signs were not there prior to the repaving project; however, they are intersections with no stop signs. Chairman Bryant directed staff to review the Scope of the project to determine if there are supposed to be stop signs at those intersections. Janet Barrow, PO Box 370, Dunnellon, advised that she spoke to the Office of the County Engineer (OCE) staff who informed her that the county received a response from the US Army Corps of Enqineersreqardinqthe Sabal Trail Pipeline. She expressed concern with the changes in the maps for the proposed pipeline. Ms. Barrow commented on communications she had with the Federal Energy Regulatory Commission (FERC) relating to wetlands in the area. She advised of a 100 foot sinkhole near the Pilgrim Processing Plant, which is in closeproximity to the proposed pipeline. Chairman Bryant noted it is past the 10:00 hour and public comment will be on hold in order for the Board to address the public hearings after which public comment will resume.

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 a Solid Waste Commercial and Residential

.Collection Service Franchise - Good Fella's Roll Off Waste Disposal, Inc. Solid Waste Director Mike Sims presented.the following recommendation:

Description/Background: Marion County Code, Chapter 16 - Division 2, Sections 48 and 49 authorize the Applicant to request a public hearing of the Board of County Commissioners for a new franchise and request the appropriate action. The Solid Waste Department has a complete application requesting a new franchise from Good Fella's Roll Off Waste Disposal, Inc. The Board at the public hearing shall determine if the Applicant is capable of complying with the provisions of the County Code and other applicable rules and regulations, and whether there is a public need for refuse collection that is in the best interest for the health, safety and welfare of the county.. As required by the County Code, the following applicant has caused to be published a notice in the newspaper of general circulation within the county that the applicant intends to present their application at the public hearing and that such notice was published at least ten (10) days prior to this public hearing. BudgeUlmpact: None. Recommended Action: Request approval of the resolution awarding a Commercial and Residential. Collection Service Franchise to Good Fella's Roll Off Waste Disposal, Inc.

Deputy Clerk Windberg presented Proof of Publication No. A000888359 entitled, "Notice of Public. Hearing for Award of a Solid Waste Collection Service Franchise for the Collection, Transportation and Disposal of Commercial and Residential Solid Waste" published in the Star Banner newspaper on May 5, 2016. The Notice stated the Board will consider awarding a franchise to Good Fella's Roll Off Waste Disposal, Inc. Solid Waste Director Mike Sims advised that the application for the franchise is complete

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and has met all the requirements. The company has approximately 16 years of . experience and have been operating in a number of communities surrounding Marion County. He noted there are 14 franchises currently operating in Marion County, Mr. Sims stated staff isrecommending approval of the franchise request. 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 Arnett, to adopt Resolution 16'-R-161 awarding a franchise for the collection, transportation and disposal of commercial and residential solid waste in Marion County to Good Fella's Roll Off Waste Disposal, Inc. The motion was unanimously approved by the Board (5~0).

6B. PUBLIC HEARING - To Consider Adoption of an Ordinance Amending Marion County Land Development Code, Article 5, Creating Division 8., to Provide for a New Overlay Zone, CR 475A" Visual Enhancement-Gateway Development Overlay. Growth Services Director Samuel Martsolf presented the following recommendation:

Description/Background: On May 1-1, 2016,' the Land Development Regulation Commission (LDRC) recommended that staff proceed with a 'specific LDC Amendment to create the CR 475A, Visual Enhancement-Gateway Overlay Zone. This' amendment requires two public hearings, this is the first of those. The Visual Enhancement-Gateway Development Overlay is intended to create an attractive and efficient development pattern in a defined portion of southern Marion County and to,regulate the intensity of uses. The draft Overlay District has been reviewed and vetted with the LORC and their

. recommendation along with staffs will be made available. ' Budget/Impact: None. Recommended Action: Motion to recommend any additional or amended language for Ordinance amending Article 5,',and adding Dlvlslonsof the Land Development Code, be approved and prepared for the second and final public hearing on June 7,2016 at 10:00 am: '

Deputy Clerk'Windberg presented Proof-of Publicationofa display ad entitled, "Notice of Amendment Marion County Land Development Code" published 'in the Star Banner newspaper on May 7, 2016. The Notice stated the Board will consider adoption of an Ordinance amending Article 5, and adding Division 8 of the Land Development Code (LDC) on June 7, 2016. Growth Services Director Martsolf advised that this is the first of 2 required public hearings to consider adoption of an Ordinance amending Article 5, and adding Division 8 of the LDC, noting the final hearing is scheduled for June 7,2016 at 10:00 a.m. Mr. Martsolf advised that the LDRC met at a public hearing on May 11, 2016 and have made several recommendations and changes to the original version of the code language. He presented a 4 page handout and provided a brief overview of the proposed recommendations and changes. Mr. Martsolf addressed the proposed name change for the corridor from the Southwood Ranch Corridor/Overlay District to the OR 475A Visual Enhancement Gateway' Development Overlay, noting the' purpose and' intent' of the,' overlay will remain the same: He referred to the handout under' Section 5.8.2. Applicability, noting staff removed an ambiguous statement relating to a change in development that was not defined. Mr. Martsolfreferred to Section 5.8.3 General Overlay Area Description, noting Figure 5.8.3-1 reflects where the overlay boundaries were tweaked. The boundaries include the area east of US Interstate 75 (1-75) and west of the

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eastern boundary to provide for possible changes in the future rights-of-way (ROW). Section 5.8.4. Permitted Uses, was amended to clearly state appropriate land uses allowed in a B-2 (Community Business) zoning district to include P-RV (Planned Rural Village) District and RR (Recreational Resort) zoning classifications. He clarified these changes will allow for a Recreational Vehicle (RV) Park, as well recreation resorts within, . ,­the overlay zone. ,, . -.s.

In response to Commissioner Zalak, Mr. Martsolf clarified that P-RV and RR are specific zoning classifications and are not included as part of a B-2 designation. He noted RR classifications include covered marinas and other things associated with natural

, resources, national forests, horse parks or the Greenway. Mr. Martsolf clarified that the restrictions under Section 5.8.4. Permitted Uses, does not apply to land east of 475A. Mr. Martsolf referred to Section 5.8.5. Visual Enhancement Standards, which solidifies the requirement for a 20-foot landscape buffer on.a minimum two foot berm with an option to allow for three-board fence segments to be strategically located. In response to Chairman Bryant, Mr. Martsolf stated there is a requirement that the three-board fence be either black or earth-tone in color in order to. be consistent throughout the overlay zone. He advised that in order to keep a consistent larger tree canopy look down the corridor, there is a requirement for live oak trees on a minimum 50 foot center. Mr. Martsolf noted an 8-foot sidewalk is required and may be integrated into, or provided adjacent to, the 20­foot landscape buffer. In response to Chairman Bryant, Mr. Martsolf stated the 8-foot sidewalk is required to accommodate a more multi-modal form of transportation (e.g., bicycle lane). He addressed Section 5.8.5.(4)(b) as it relates to signage for the overlay zone,noting language was added to address flqg lots. Mr. Martsolf clarified that lots consisting of less than 50 feet of frontage shall be permitted to utilize one multi-tenant monument sign not to exceed 50 feet. For larger parcels with multiple occupancy usages, signage is allowed to increase" to 300 square feet (sf) in sign area and, up to 15 feet in maximum height. He clarified that these requirements are only applicable to signs that are visible from CR 475A. In responseto Commissioner McClain, Mr. Martsolf advised that staff originally proposed a 60-foot ROW after the LDRC workshop, noting in many areas of the corridor the roads only have 33-feet wide ROWs and if something develops along those areas more ROW will be needed to achieve 100 feet. He stated the new language will allow the county to have 20-fee't of ROW, wherever the ROW ends up, . Commissioner Moore expressed concern that some of the new requirements are overreaching. Mr. Martsolf stated. the changes offer property owners more options and are less restrictive in relation to multi-tenant occupancy. In response to Commissioner Moore, Mr. Martsolf advised that live oaks are the strongest and hardiest of the oak species. Chairman Bryant opened the floor to public comment. Nan Bonfield, SW 16th Avenue, expressed concern with the requirement for live oaks, noting tall trees tend to be struck by lightning, which can be hazardous. She opined that the overlay requirements should leave it up to the developer as to what type of tree's to, plant. Ms. Bonfield noted the 3-board fencing was originally an optional choice, but is now a requirement. She stated she would prefer a 5 foot sidewalk, which is standard. Roger Knechtel, SE 97th Terrace Road, Summerfield, questioned the timeline in relation to widening the roadway in the overlay zone. Chairman Bryant advised that there is not a specific timeline in regard to constructing a four lane roadway in the overlay zone. Joanne Warner, SW 16th Avenue, expressed concern that the overlay project will

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decrease property values. She stated she lives on the east side of CR 475A, but will still be effected by the overlay zone as it relates to traffic, ambiance, etc. Ms. Warner opined that landowners directly across the street from this project should also be notified so that property owners are aware of what is being proposed. Sarah Clifton, NE 11th Circle, commented on the color of the fences, noting she would prefer to see fences that"are painted white. She opined that live oakcanopies are very attractive. Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner McClain, seconded by Commissioner Zalak, to direct staff to move forward and prepare an Ordinance amending Article 5, and adding Division a of the LDC for the second and final public hearing on June 7, 2016 at 10:00 a.m. In response to Chairman Bryant, Commissioner McClain stated he is willing to amend his motion to remove the requirement as it relates to the three-board fence. Commissioner Zalak opined that a consistent fence color will be cohesive along the corridor. Chairman Bryant stated it should be up to "the property owner, noting she does not wantto define ,a color for the fencing; however, she can accept the restriction that the fencing can be black neutral or white. Commissioners. McClain and Zalak concurred and amended the motion" to include the option for the 3 colors of fencing. ' Mr. Minter clarified this is only the first of two public hearings, noting the Ordinance will not be "adopted today. He advised that the Board can indicate to staff what language to amend in the proposed Ordinance to be considered at the second hearing. In response to Chairman Bryant, .Cornrnissloner McClain clarified that if the county eventually widens the road it will be required to buy the ROW; noting staff is trying to require the developer to dedicate the ROW to the countyinstead. " Mr. Martsolf stated no ROW widening is proposed within the overlay zone at this time; however, as the corridor develops traffic may require the road to be widened. He ctarlfied that the LDRC wants to ensure that after the ROW is dedicated that there is still enough

. room to provide for a consistent buffer.'

. In response to Commissioner Moore," Commissioner Zalak stated a typical four lane roadway requires 5-feet of sidewalk on each side, the proposed overlay is only requiring an a-foot sidewalk on one side of the roadway. In response to Chairman Bryant, Parks and Recreation Director/Landscape Architect Jim Couillard, ASLA, advised that the county does not specify tree species in its LDC; however, it does require that plans be provided by license and registered professionals who use their training to pick the right plant for the right place. He opined that utilizing a specific list results in a monotonous landscape pattern throughout the community: Mr. 'Couillard clarified thata palm tree is not considered a shade tree. General discussion ensued .. Mr. Minter addressed ROW acquisition, noting he will provide the Board with a written report relating to this matter to offer further guidance. He advised that approximately 15 years ago a number of cases in Florida dealt with "Maps of Reservation", noting the specific purpose for the "Maps of Reservation" to be adopted and recorded by the state and local governments was to reduce land acquisition costs, noting a potential taking question arises when you get into those kind of issues. The general idea with any kind of required dedication is that as long as the county can show a nexus or rational connection between the proposed development and the impact it is creating on the transportation system, then the county can require an off-site dedication. However, if the county is asking

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the landowner to fund or provide something for the benefit of the general public, then the idea is if the general public wants .land for something then it should pay for it. . Commissioner McClain clarified that his motion is to approve the changes the Chairman directs staff to include in the proposed Ordinance and to move forward with the second and final public hearing on June 7,2016 at 10:00 a.m. Commissioner Arnett questioned if the changes include the shade trees and fence colors .. Commissioner McClain concurred. In response to Commissioner Moore, Chairman Bryant advised that Commissioners can get with staff to address any additional changes to be brought back for the next public hearing. The motion was unanimously approved by the Board (5-0).

2C. General. Public Comment (continued) Roger Knechtel, SE 97th Terrace Road, Summerfield, addressed the Board in regard to MSTU assessments to pave dirt roads, which he opined is a great idea and improves property values. ' Bruce Borders, on behalf of Standing United as Americans, opined that Veterans Services Director Jeffrey Askew is one of the best Veterans: Service Officers in the world, He

. expressed concern that Fire Rescue, Law Enforcement and military personnel receive a bad rap in current times; noting they are always there for the citizens they serve and are willing to sacrifice their lives for their country. Mr. Borders commented on several upcoming Veterans Memorial Services that will be held throughout the county and invited citizens to attend and thank those who serve and protect. . Chairman Bryant advised that the Fallen Officer Memorial Service will be held in Marion County on Thursday, May 19, 2016 .at 7:00 p.m.

3. ADOPT THE FOLLOWING MINUTES: (3 sets) 3A. April 5, 2016 A 38. April 5, 2016 B 3C.ApriI13,2016 3D. April 19, 2016 3E. April 27, 2016 A 3F. April 27, 2016 B " 3G. April 27, 2016 C A motion was made by Commissioner McClain, seconded by Commissioner Moore, to adopt the meeting minutes of April 5 (2 sets), 13, 19and 27 (3 sets), 2016. The motion was unanimously approved by the Board (5-0).

4. CONSTITUTIONAL OFFICERS I GOVERNMENTAL ENTITIES: _ 4A. Jonathan L. Lin, Trial Court Administrator - Request Approval to Apply for the Justice and Mental Health Collaboration Program FY 2016 Competitive Grant; BJA-20-16-9379; CFDA 16.745 Trial Court Administrator Jonathan Lin, Court Administration,' presented the following recommendation:

Description/Background: This is a 24 month grant that would allow us to expand our Mental Health Court and other problem solvinq courts in Marion County with increased services that will enhance public safety.

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Budget Impact: Up to $200,000 in grant revenues over the 24 month grant period. A 20% match is required; however, this will be covered by in-kind services. Recommended Action: Approval to apply for the Justice and Mental Health. Collaboration Program FY 2016 Competitive Grant; BJA-2016-9379; CFDA

_16.745. A motion was made by Cornmissioner -McClain, seconded by Cornmlssioner Moore, to approve application for the Justice and Mental Health Collaboration Program FY 2016 Competitive Grant; BJA-2016-9379; CFDA 16.745. The motion was unanimously approved by the Board (5-0). (Ed. Note:FY is the acronym for fiscal year.)

5. CLERK OF THE ~IRCUIT COURT: 5A. Request Adoption of the Following Budget Amendment Resolutions: Clerk Ellspermann advised that Agenda Item 5A6 is related to Consent Agenda Items 7F3 and 7F5 and will be pulled until those Items are considered by the Board. Upon motion of Commissioner McClain, seconded by Commissioner Moore,.the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann: , 5A1. 16-R-162 - General Fund - Facilities Management - $21,600 5A2.16-R-163 - General Fund - Facilities Management - $9,703 5A3. 16-R-164 - General Fund - County Administrator - $6,000 5A4. 16-R-165 - County Transportation Maintenance Fund - Transportation Department - $94,400 5A5. 16-R-166 - Rainbow Lakes Estates/Fire Protection MSBU - Fire Control Service ­$2,000 5A6. Solid Waste Disposal Fund - Solid Waste Disposal - $232,569 was pulled for discussion with Consent Agenda Items 7F3 and 7F5 5A7. 16-R-167 - Solid Waste Disposal Fund - Solid Waste Disposal- $169,897 5A8. 16-R-168 - Marion County Utilities Fund - Utilities - $255,250 (Ed. Note: MSBU is, the acronym for Municipal Service Benefit Unit.)

7. CONSENT: A motion to approve the Consent Ag'enda 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 McClain, seconded by Commissioner Moore, the Board acted on the Consent Agenda as follows:

7A. Attorney: 7A1. Request Approval of the Stipulated Final Judgment and Order Awarding Attorney's Fees and Costs Associated with the Southeast 92nd Loop Road Improvement Project Parcel #112 - Parcel ID #45269-014-00 (Budget Impact - Neutral; expenditure of $15,000.00 as Approved in the FY 15-16 Budget) The Board accepted the following recommendation as presented by County Attorney Matthew G. Minter:

Description/Background: Marion County is currently involved in an eminent domain case, Marion County v. Italo Alfarone, and others, Case No. 2014-CA-00818. This matter involves the County's condemnation of fee simple right-of-way on Project

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Parcel #112, which was required for the Southeast 92nd Loop Road Improvement Project in Marion County, Florida. After several months of negotiation, Right of Way Manager, Shawn Hubbuck reached a settlement agreement with Defendant Mary Seguine and her attorneys, the Law Firm of Forman, Hanratty, Thomas & Montgomery. Mr. Hanratty has agreed to accept a reduced attorney fee in the amount of $1,000 and $1,000 for expert fees associated with this parcel with the balance going to the property owner. Although the taking is minimal, we are recommending this settlement to close this case. This parcel falls within the guidelines of cost avoidance and the property owner will be receiving the majority of the funds instead ofthe funds going to the experts and the attorney. Marion County shall pay said Defendant the total sum of Thirteen Thousand, Nine Hundred Twenty-Two Dollars ($13,922.00) as full compensation for the property; taken. Additionally, the Oounty shall also pay attorney fees to the Defendant's attorneys, the Law Firm of Forman, Hanratty, Thomas & Montgomery, in the amount of One Thousand Dollars ($1,000.00) and expert fees in the amount of One Thousand Dollars ($1,000.00). [The County shall receive a credit for Nine Hundred Twenty-Two Dollars ($922.00) that was previously deposited pursuant to the Order of Taking as to Parcel 112 dated July 23, 2014.] Budget/Impact: Transportation Capital Projects Fund - 309-1279-561610 ­$15,000.00. Recommended Action: Motion to approve the Stipulated Final Judgment and Order Awarding Attorney's Fees and Costs associated with the Southeast 92nd Loop Road Improvement Project Parcel #112 - Parcel 10 #45269-014-00, which authorizes payment of settlement proceeds.

78. Community Services: 781. Request Approval of Community Development Block Grant (CDBG) Contract with

, Shepherds Lighthouse (Budget Impact - Expenditure of $437,236 as budgeted) The Board accepted the following recommendation as presented by Community Services Director Cheryl Amey:

Description/Background: Shepherds Lighthouse was approved for funding with FY 2015/16 CDBG funds at the June 16, 2015· Board of County Commissioners meeting. The project involves extensive renovations to the office and training areas of their facility to include major systems and energy efficiency upgrades. Budget/Impact: Expenditure of $437,236 as budgeted.. Recommended Action: Motion to approve Shepherds Lighthouse Contract as attached for execution by the Chairman.

782. Request Approval of Staff's Project Funding Recommendations for FY 16/17 Community Development Block Grant (CDBG) Funds (Budget Impact :- Receipt of

-$1,799,054 in Housing and Urban Development (HUD) CDBG funds) The Board accepted the following recommendation as presented by Community Services Director Arney:

Description/Background: The Community Services Department advertises availability of funding and requests applications from non-profit agencies following a formal application process adopted by the BCC on April 20, 2004. This process includes several technical assistance workshops to educate agencies on the

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eligible uses and requirements of federal CDBG funds. A letter of intent process screens out any projects that would not be eligible for funding and final applications are scored by a panel made up of representatives from other funding agencies in the community, such as; City of Ocala, United Way, Kids Central and Monroe Hospital. ' Staff use this process to prepare a proposed budget and recommendation of projects annually to be funded for the upcoming grant year. This information is then used to complete HUD's required Annual Plan which details how these projects meet the needs, goals and objectives identified in the County's Five Year Consolidated Plan. The Annual Plan is submitted to HUD by August 15th for approval and release of funds. Budget/Impact: Receipt of $1,799,054 in HUD CDBG funds. Recommended Action: Motion to approve staffs project funding recommendations and proposed budget for FY 16/17 CDBG funds as attached.

7C. Growth Services: 7C1. 'Request Approval for a Partial Release of Lien -on Code Enforcement Case No. 710640-RH2 (Budget Impact - None) The Board considered the following recommendation as presented by Growth Services Director Martsolf:

Description/Background: On July 8,2015, the Code Enforcement Board imposed a fine on case # 710640-RH2, parcel # 13417-001-00 anda lien was recorded on August 20, 2015,' and attached to any real or personal property owned by the Estate of Craig J. Charest. The Estate of Craig J, Charest owned two parcels, # 13417-001-01 and 13417-001-00 at the time of the lien recordation. A current amount of $3,032.21 is due for violation of the 2010 Florida Building Code, Section 105.1 and Marion County Code, Chapter 5.5, Article II, Section 5.5-31(a) and (b) and 5.5-35(b). Permit(s) requiring for installed metal roofing and a back porch was built without the proper permits. The property is not in compliance at this time. Dana Olesky Taylor, Sr. Assistant County Attorney, reviewed the attached documentation received by Code Enforcement and determined that the County's interest was foreclosed on parcel # 13417-001-01. It is recommended that a Partiai Release of Lien be recorded on parcel # 13417-001-01 onIy. A Lien against all other real and personal property of the respondent(s), the Estate of Craig J. Charest, shall remain in full force and effect. Budget/Impact: None. Recommended Action: Motion to approve recording' a Partial Release of Lien on parcels 13417-001-01 only for case # 710640-RH2. A Lien against all other real and personal property of the respondent(s), the Estate of Craig J. Charest, shall remain in full force and effect.

In response to Commissioner Moore, Mr. Bouyounes ,clarified that a foreclosure was issued on the property. Commissioner Arnett opined that" it will be too expensive for .the county to defend the lien in a foreclosure proceeding. ­A motion was made by Commissioner Arnett, seconded by Commissioner Moore, to approve recording a Partial Release of Lien on parcel # 13417-001-01 only for case # 710640-RH2. The motion was unanimously approved by the Board (5-0).

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7C2. Request Approval for a Partial Release of Lien on Code Enforcement Case No. 461705-AL and 565471-GF (Budget Impact - None) The Board considered the following recommendation as presented by Growth Services Director Martsolf:

Description/Background: On July 19, 2006, the Code Enforcement Board imposed a fine in case # 461705-AL. On parcel # 2091-004-016, property address 2593 SW 167th Avenue, Ocala, FL 34481. ,A lien was recorded on July 21, 2006 and on September 13, 2006. In case # 545471-GF, for the same parcel number and property address, a lien was recorded on July 18, 2012, which also attached to any real or personal property owned by the Maryrose E. Colbert. The total amount due for the liens on both cases is $9,542.30. The parcel at 2593 SW 16]th Avenue, Ocala, FL 34481, currently has an open case and is not in compliance. On March 14,2016, Mitzi Robinson submitted a request to appear before the Code, Enforcement Board regarding property address,3740 SW 181st Court, Dunnellon, FL 34432, parcel # 1740-015-047, also owned by Maryrose E. Colbert. Mr. and Mrs. Robinson purchased this property through quit claim and have cleared all the overgrowth as well as cleaned and updated the home. Code Enforcement has never had any cases on this parcel. The Code Enforcement Board recommendation(s) were sent to Dana Olesky Taylor, Sr. Assistant County Attorney, for her review for legal sufficiency. It is recommended that a Partial Release of Lien be recorded on parcel #1740-015-047, property address 3740 SW 181st Court, Dunnellon only. A Lien against all other real and personal property of the Respondent(s) Maryrose E. Colbert shall remain in full force and effect. Budget/Impact: None. , Recommended Action: Motion to approve recording a Partial Release of Lien on parcel # 1740-015-047, property address 3740 SW 181st Court, Dunnellon only. A Lien against all other real and personal property of the Respondent(s) Maryrose E. Colbert shall remain in full force and effect.

In response to Commissioner Moore, Mr. Bouyounes advised that the property requesting to have the lien waived is not the property that originally had a code violation on it, but was owned by the same Respondent. Commissioner Arnett clarified that there was a common owner for both properties at the time of the violation, noting the current owner of Parcel No. 1740-015-047 acquired the subject site for $100 through a 'quit claim deed knowing there was a $9,000 lien against the property. He opined that he is in favor of either denying the request for a Release of Lien or reducing the amount of the lien on the subject site. In response to Commissioner McClain, Mr. Martsolf advised that this request will not remove the lien from any other real and personal property of the Respondent Maryrose E. Colbert. ' Mr. Minter provided an analogy similar to when a bank holds a mortgage on a property it will hold certain assets as collateral or security for that mortgage, noting the bank is always concerned about impairing the value of their security. In this case the county can argue that if there is an individual who has a code violation on 1 property, but owns multiple properties, all those properties are the security the county has to ensure the lien is paid off and the violation is corrected. Commissioner Arnett noted the Board could divide the lien between the 2 properties. General discussion ensued.

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A motion was made by Commissioner Arnett, seconded by Commissioner Zalak, to approve a Reduction of Lien on Parcel No. 1740-015-047 only, in the amount of $4,500. The motion was unanimously approved by the Board (5-0).

70. Human Resources: 701. Request Approval of the Reclassification of One (1) Building/Grounds Maintenance Technician Supervisor position, Pay Grade 9, to One (1) Building/Grounds Maintenance Technician II Position', Pay Grade 7, in the Rainbow Lakes Estates Department Budget #7940 (Budget Impact - Savings of $3,734.50) The Board accepted the following recommendation to adopt Resolution 16-R-169, as presented by Human Resources (HR) Director Amanda Tart:

Description/Background: The MSTU Department is requesting the reclassification of a vacant Building Grounds Maintenance Technician Supervisor position to a Building Grounds Maintenance Technician II' position at the Rainbow Lakes Estates MSTU; The reclassification will better align the position to expected job functions and will allow for future job growth. Budget/Impact: The reclassification will result in a savings of $3,734.50 for the Rainbow Lakes Estates Department Budget #7940. Recommended Action: Motion to approve the attached resolution for the reclassification of one (1)' Building/Grounds Maintenance Technician Supervisor position, pay grade 9 to one (1) Building/Grounds Maintenance Technician II position, pay grade 7, within the Rainbow Lakes Estates Department Budget #7940, as attached hereto as exhibit "A."

(Ed. Note: MSTU is the acronym for Municipal Service Taxing Unit.)

7E. Parks and Recreation: 7E1. Request Approval of the Fort King National Heritage Landmark Revised Master Plan (Budget Impact - None) The Board accepted the following recommendation as presented by Parks and Recreation Director/Landscape Architect Jim Couillard, PLA, ASLA:

Description/Background: The Fort King National Historic Landmark, which Marion County and the City of Ocala are co-owners, is located on Ft. King Street just east of 36th Avenue in Ocala'. In March 2013, both City of Ocala Council and Marion County Board of County Commissioners approved the Fort King Concept Plan (attached). Since that time, with assistance from the Fort King Heritage Association, lnc, (FKHA), the property boundary has expanded as follows: 1. The City entered into a 99-year lease with the Daughters of the American

Revolution to incorporate their adjacent property into the site. 2. The City and County acquired a piece of property to the east of the site. The expanded property boundary provides opportunities for an improved site layout that is expected to have less impact on cultural resources and provide for a more authentic visitor experience. Specifically, the visitors' center and parking lot can be located on the east side property. A revised Master Plan was prepared in cooperation with the FKHA and staff from both the City and Marion County. The FKHA held two' community meetings to get input from citizens and stakeholders on the revised master plan and feedback from those meetings was incorporated into the proposed master plan. Those meeting were held on October 1, 2015 and on February 8, 2016.

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BudgeUlmpact: None. Recommended Action: Motion to Approve the Revised Master Plan (attached).

7F. Procurement Services: 7F1. Request Approval of the' Inter-Facility Ambulance Transfer Services Agreement 16C-113 Between Marion County Fire-Rescue and Munroe HMA Hospital LLC d/b/a Munroe Regional Medical Center, Ocala, FL (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen: .

Description/Background: As Marion County Fire-Rescue (MCFR) possesses the required experience, expertise, licensure, certifications and approvals, Munroe Regional Medical Center (IVIRMC) has requested an Inter-facility ambulance transfer services agreement. This agreement will provide ambulance services for some of its Basic Life Support (BLS), Advanced Life Support (ALS), and Specialty Care Transport (SCT) patients being transferred between Timber Ridge Medical Center and MRMC on a non-exclusive basis..MRMC drafted and presented the attached agreement to MCFR for approval. MCFR Division Chief Rodney Mascho, with the approval of Chief Paul Nevels, has approved the agreement for the Board's review. Pending approval at today's meeting, two (2) vendor-signed originals will be presented for the Chairman's signature. BudgeUlmpact: None. Recommended Action: Motion to approve recommendation and authorize the Chairman to execute MRMC's inter-facility agreement for ambulance transfer services under 16C-113.

7F2. Request Approval of Modification to Previously Approved Standardization 09ST­139: Extrication Tools and Related Maintenance - TNT Rescue Systems, Inc., (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: At its August 18, 2009 meeting, the Board approved TNT Rescue Systems, Inc. (TNT) as the standard for Marion County Fire-Rescue's (MCFR) extrication tools including, but not limited to:. spreaders ("jaws of life"), cutters, and rams. These items are covered by a lifetime warranty, provided they are maintained by a factory-authorized service provider. When Procurement presented the above standardization, TNT had multiple sales and service representatives in the Florida region who were identified in the approval request; today TNT has only one (1) equipment provider - Ten-8 Equipment, Inc., and one (1) factory-authorized maintenance provider - Southern Rescue Tools, LLC. This item is to clarify any previous assumption of, or limitation to a sole source provider as those are subject to cl1ange by the manufacturer; Procurement requests MCFR be approved to requisition these' extrication tools from any authorized regional TNT distributor, as well as authorize approval of service agreements on the related maintenance, for as long as TNT remains the County's standard. BudgeUlmpact: None; standardization carries no impact.

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.Recornmended Action: Motion to approve the modification .and clarification of previously standardized extrication tools and supported warranty maintenance listed above for MGFR.

7F3. Request Approval of Task Order for Solid Waste Consultant: 04Q-088-TO-15, Engineering Report on Conceptual Layout Alternatives and, Cost Estimate for a New Citizens' Convenience Center at the Baseline Landfill - S2U,'lnc. Maitland, FL (Budget Impact - Neutral; expenditure of $187,709 as approved in FY 15/16 budget) The Board considered the following recommendation 'as presented by Procurement Services Director Olsen:

Description/Background: On March 1, 2005, the Board approved three (3) consulting firms for Solid Waste (SW): Jones Edmunds & Associates.Jnc., SCS Engineers, and S2Li, the last of which has been selected to perform the services related to this task order. During the Board's Strategic Planning Workshop on January 27,2016 the Solid Waste Department was directedto move forward with an engineering report 011 potential alternative conceptual layouts and construction

'cost estimates for a new Citizen's Convenience Center and Transfer Station Improvements at the Baseline Solid Waste Facility. Any potential work, at the transferstation will need to be completed prior the closure of the Baseline Landfill, ' so the transfer station can be used to receive residential and commercial waste starting in FY 21/22 for haul outto the Heart of Florida Landfill in Sumter County:' The transfer station is currently being utilized as a Citizen's Convenience Center while the landfill remains in operation. Once the landfill no longer accepts waste for 'disposal, the transfer station will need to be used for waste transferring operations and the citizen's facility will also need to be operational. The scheduling of construction will require the Citizen's Convenience Center to be constructed and operational prior to any work on the transfer station to commence. The completed report will be presented to the Board with the alternative concepts, with each alternative including a general site layout, permitting requirements, estimates of probable design/construction costs, implementation schedule, and a discussion of advantages/ disadvantages for the Board's direction. Services are scheduled to be completed by September 30, 2016. There is a corresponding budget amendment related to this item on the agenda. Budget/Impact: Neutral; the total cost for this project shan not exceed $187,709. Recommended Action: Motion to approve and allow staff to issue purchase order to S2Li, Inc. under task order 04Q-088-TO-15. '

In response to Commissioner McClain, Solid Waste Director Mike Sims advised that Item 7F3 relates to the citizens drop off center facility, noting after the study is performed staff will be able to bring more options back for Board consideration. Chairman Bryant passed the gavel to Commissioner Zalak, who assumed the Chair. Commissioner Bryant out at 10:59 a.m. Mr. Sims stated options will include leaving the drop off facility connected to the transfer station or developing a separate site. He noted once a decision is made staff can go out for bid on the transfer station operation. One of the options also includes the improvements that need to be made at the transfer station. Mr. Sims advised that how those improvements are performed will govern how staff will word the bid for the operation of the transfer station. . , Commissioner McClain questioned whether the county can include the cost of those

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necessary repairs to the transfer station in its Request for Proposal (RFP). Mr. Sims stated if that is the direction the Hoard wants to go then it can be done. He clarified that Item 7F4 is not related to the citizens drop off facility or the transfer station and noted that Item is in regard to an issue inside the Baseline Landfill relating to the landfill gas collection system. Commissioner Arnett questioned if it is necessary to have the study performed prior to determining which option the Board will choose relating to the citizens drop off facility. Mr. Sims stated one of the issues is. that staff is looking for reasonable construction cost estimates, and for that to happen-staff is recommending moving forward with the studies. Commissioner Bryant returned at 11:02 a.m. Chairman Zalak returned the gavel to Commissioner Bryant, who resumed the Chair. Commissioner McClain stated. he would feel more comfortable making a decision after the studies are performed. Mr. Bouyounes clarified that the study will provide different options and provide better details as to what the cost will be with each option. He noted the study will be detailed enough that some of the options can be included in the RFP allowing for the private sector to be responsible for making necessary improvements. Mr. Bouyounes stated one option for the citizen's drop off facility includes expanding the back of the existing transfer station. He advised that if that is not an option the Board wants to consider then it can be

. eliminated from the Scope ofService. Commissioner Zalak referred to Item 7F3 (citizens drop off facility), noting he and staff toured other facilities to look at how it is handled in other counties. He recommended staff bring back. photographs and evaluations from those other facilities to develop a. conceptual plan to be approved by the Board and then execute the engineering for that design. ' Commissioner Moore out at 11:04 a.m. In response to Commissioner Zalak, Mr. Sims stated a geological study will be performed as part of the Scope of Service. He clarified that some ofthe options will place the citizen's drop off facility to the south side' of the station; another proposed site will be to the immediate 'west and connected to the transfer station; or immediately north where the county is currently storing its waste tire pile. Commissioner Moore returned at 11:05 a.m. Mr. Sims addressed the landfill facility's peak usage day, noting this past week 453 vehicles came through on Saturday to hand unload their waste. He noted part of the Scope of Service will address atraffic study, as well as the possibility of enhancing and improving the scale service to better process citizens at the facility. General discussion ensued. Mr, Sims opined .that with an automated drop off system the facility will need another outbound scale at a cost of approximately $50,000. General discussion resumed. In response to Commissioner Zalak, Mr. Bouyounes advised that it will beneficial to the' private sector if the county provides a concept of what it is expecting to be included in the RFP. In 'addition, the RFP can be left open to allow for the private sector to provide input as to how it wants to run the citizen drop off and transfer station facilities. Commissioner Zalakadvised that staff has already provided information as to several location options. for the citizens drop off facility and opined that the county does not need to spend the money on a study relating to Item 7F3.

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Commissioner McClain expressed concern that the Scope of Service is too broad and not sure if it covers what he is looking for in an RFP. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to table Items 7F3, 7F5' and 5A6 until the next regularly scheduled BCC meeting in June. The motion was unanimously approved by the Board (5-0). A motion was made by Commissioner McClain, seconded by Commissioner Moore, to allow staff to issue a contract and authorize the Chairman to execute Task Order 06P­002-TO-10 with G2 Energy, LLC for the Baseline Landfill Gas Utilization Project (Item 7F4). ' Commissioner Arnett questioned whether the project can be bid out to, ensure a competitive bid is received: Mr. Sims advised that staff is acting on a competitive' contract with G2 Energy, LLC, noting the company has performed many improvements in the gas collection system for the county. He stated G2 Energy, LLC is paying the county for its landfill gas, so it will be in the company's best interest to maximize the landfill gas and meet all' permitted requirements. Mr. Sims noted there are other contractors that can perform this work if the Board wants staff to issue an RFP. Commissioner Zalak questioned whether staff could call-other firms to question what their cost would be for the project. Mr. Simsadvlsed that due to the amount of money.involved in the project, if the Board wants other quotes, staff will have to utilize the Procurement process to issue a bid. Chairman Bryant expressed concern that any other firm thatwants to compete on the project will now know what G2 Energy's bid is for the project. Mr. Minter clarified that if the county is going to solicit competitive proposals, then it will need to go through the formal' bid process and not just call for quotes. In response to Commissioner Arnett, Mr. Sims stated the landfill is currently experiencing some water collection in the header main that was in the .slde of the· landfill prior to the east side slope expansion. He clarified that the water is moving under vacuum and is causing some surging in the flow of gas coming out of that section of the landfill. The motion failed by a vote of 3-2, with Commissioners Zalak, Arnett and Bryant voting nay. A motion was made by Commissioner Arnett; 'seconded by Commissioner Zalak, to direct staff to issue an' RFP for the Baseline Landfill Gas Utilization Project: 06P-002-TO-10 East and South Side Slope Landfill Gas System Pipe Replacement project (Item 7F4). The motion was unanimously approved by the Board (5-0). Mr. Sims questioned if the Board wants a draft RFP covering the citizen'sdrop off facility and the operation of the transfer station, as well as some of the options for Scopes of Services. CommissionerMcClain reiterated that the current Scope of Serviceis too broad, noting he is unsure that all the proposed work needs to be done prior to issuing an RFP. Mr. Sims questioned whether the Board would like to hold a workshop prior to issuance

. of an RFP. In response to Commissioner Zalak, Procurement Services Director Susan Olsen advised that staff can hold a pre-bid meeting with vendors to help provide ideas on how to write the specifications for the projects. She noted in this instance, staff is trying to figure out what is feasible by engineering standards, prior to issuing an RFP. Commissioner Zalak stated the issue with the current Scope of Service is that there are no engineering specifications that can be bid on in relation to the transfer station portion of the project. Ms. Olsen stated staff can hold a meeting or'workshop and invite vendors to participate.

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It was the general consensus of. the Board to direct staff to schedule a workshop. Mr. Bouyounes stated he will bring back dates for the proposed workshop. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to reconsider Items 7F3, 7F5 and 5A6. The motion was unanimously approved by the Board (5-0). A motion was made by Commissioner McClain, seconded by Commissioner Arnett, to deny staff's request to issue.purchase.order to S2Li, Inc. under task order 04Q-088-TO­15 (Item 7F3); deny staffs request to issue purchase order to JEA, Inc. under task order 04Q-088-TO-16 (Item 7F5); and to deny the request to transfer $232,569 from the Solid Waste Disposal Fund (Item 5A6). Chairman Bryant opened the floor to public comment. Henry Munoz, Marion Oaks Boulevard, opined that solutions should be coming from staff, as there are qualified employees that can improve and resolve these issues rather than having studies performed by the private sector. Commissioner Zalak concurred, but noted there are times when it is important to have an engineer and/or consultant in the private sector that specializes in solid waste to provide their experience and recommendations. Commissioner Zalak out at 1-1 :34 a.rrr, Chairman Bryant advised that public comment is now closed. The motion was unanimously approved by the Board (4-0). (Ed. Note: This matter was again addressed later in the meeting.)

7F4. Request Approval of Task Order for Baseline Landfill Gas Utilization Project: 06P­002-TO:-10 East and South Side Slope Landfill Gas System Pipe Replacement - G2 Energy LLC, Atlanta, GA (Budget Impact - Neutral; expenditure of $176,214.34 as approved in FY 15/16 budget) . . The Board considered the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: On September 18, 2007, the Board approved a contract with G2 Energy LLC to begin and manage the landfill gas utilization project at the Baseline Landfill. The contract allows for additional task orders to assist in the collection of landfill gas. This task order includes replacement of the header and lateral collection pipe due to damage caused by tandfill waste .settlement. Replacement of the header pipe will improve landfill gas flow resulting in better Title V compliance of surface emission control and potentially increasing the income from the landfill gas to the energy power plant. Attached for review is a draft of the contract; upon approval, it will be sent to G2 Energy for execution as written and upon return will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; the task order shall not exceed $176,214.34. Recommended Action: Motion to approve recommendation and allow staff to issue contract and upon approval by legal, authorize the Chairman to execute Task Order06P-002-TO-10 with G2 Energy LLC.

(Ed. Note: See Agenda Item 7F3 for Board discussion and motion.)

7F5. Request Approval of Task Order for Solid Waste Consultant: 04Q-088-TO-16, Solid Waste Transfer Station Engineering Evaluation - ..lEA, Inc. Gainesville, FL (Budget Impact - Neutral; expenditure of $44,860 as approved in FY 15/16 budget)

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The Board considered the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: At its March 1, 2005 meeting, the Board approved three (3) consulting firms for Solid Waste: Jones Edmunds &.Associates, Inc., SCS Engineers, and S2Li, the first of which has been selected to complete this task order. During the Board's Strategic Planning Workshop January 27, 2016, Solid Waste was directed to move forward' with an' engineering report on potential alternative .conceptual layouts and construction cost estimates for transfer station improvements at the Baseline Facility. Potential" improvements at the transfer station will need to be, completed prior to the closure of the Baseline Landfill in order for the transfer station to receive residential and commercial waste commencing in FY21/22 for transport to the Heart' of Florida Landfill-in Sumter County. The transfer station is currently being utilized as a Citizen's Convenience Center while the landfill remains in operation, Once the landfill stops accepting waste for disposal, the transfer station will need to be used for waste transferring operations and a citizen's convenience center will need to be operational. This scope will present an evaluation of the transfer station and potential needs and improvements to ready it for efficient operations. 'Upon approval, ..lEA shall have the task order completed within 90 days, allowing staff to bring back a completed evaluation with sketches of alternative concepts, permit requirements, estimates of· probable design/construction costs, and discussion of advantages/disadvantages for the Board's direction. There is a corresponding budget amendment for-this item on the agenda. Budget/Impact: Neutral; the total cost for this project shall not exceed $44,860. Recommended Action: Motion to approve 'and allow staff to issue purchase'order to JEA, Inc. undertask order 040-088-TO-16.' ' .

(Ed. Note: See Agenda Item 7F3- for Board discussion and motion.)

7F6. Request Approval of Purchase Over $50,000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen: .

Description/Background: The, requisition listed below has been received by Procurement Services and are approved for conformance with theProcurement Code/Manual, pending approval at today's meeting: Requisition 1600833/Picture PerfectLawn & Landscape, Inc. - The Office of the County Engineer is requesting a one-time emergency mow cycle of its DRAs while a formal solicitation is being advertised. The total cost is $103,472.10, and is based on Picture Perfect'saward of bid 16B-001 advertised earlier this year; funding to come from account 3390-534101: A copy of the requisition is attached; the PO has not yet printed. Recommended Action: Motion to approve purchase over $50,000.­

7G. Transportation - County Engineer: 7G1. Request to Approve a Purchase Agreement Associated with the Davis Potable Water System Project for Parcel #45781-001-00 (Budget Impact - Neutral; expenditure of $3,000 as approved in the FY 15-16 budget) . . ­The Board accepted the following recommendation as presented by County Engineer Straub, OCE: .

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.Description/Background: This is a request to approve a purchase agreement in the amount of $3,000 plus closing costs for a 1,436 square foot utility easement associated with the Davis Potable Water System Project. The acquisition includes land for the easement area, trees, landscaping and fencing affected by the proposed easement. As a proactive safety measure, the. Florida Department of Environmental Protection (FDEP) has recommended that an existing potable waterline be extended due to potential groundwater contamination of drinking water wells in the area of the closed Davis Landfill. Budget/Impact: Marion County Solid Waste Department account #4230-563101 ­$3,000. ' Recommended Action: Motion to approve the attached purchase agreement and to authorize the Chair and Clerk to execute the same. .

7G2. Request Approval of Declaring Parcel #13444-000-01 as Surplus and Authorize Staff to Proceed with the Sale (Budget Impact - Revenue of $1,000) The Board accepted the following recommendation as presented by County Engineer Straub, OCE:

Description/Background: This is a request to declare Parcel #13444-000-01 located in Big Sun Industrial Park as Surplus, approve. the Sale and Purchase Agreement between Marion County and Walter Boring in the amount of $1,000 plus closing cost and the corresponding FS 125 Deed. We acquired this Tract by Warranty Deed in 1985 by the original trustee of the plat and it is no longer needed for public use other than 'reserving an 'easement for the existing utilities. Ingress and egress to the adjacent owners to the south. Drainage and ingress and egress to Marion County for maintenance of the existing Stormwater facility to the north and Staff recommends approval of this sale. Budqet/lrnpact: Revenue of $1,000 - Sale of Surplus Land - 000001 - 0001 ­36400022. . Recommended Action: Motion to approve the. request to declare Parcel #0052­000-011 as Surplus, approve the Sale and Purchase Agreement and FS 125 Deed and authorize the Chair and Clerk to execute the same.

7G3. Request Approval to Enter .into a Quiet Zone Improvement Agreement with the Florida Department of Transportation (FOOT) for CSX Crossings at SE 52nd Street, SE 62nd Street, SE 73rd Street, and SE 80th Street. (Budget Impact - Neutral; Expenditures are proposed in future fiscal years and are includedin the 2016/17 TIP) The Board accepted. the following recommendation to adopt Resolution 16-R-170 authorizing execution of a Joint Participation Agreement (..IPA) with the State of Florida, Department of Transportation (FOOT), for a Quiet Zone Improvement Agreement as presented by County Engineer Straub, OCE:

Description/Background: The County is seeking to create 'Quiet Zones' to mitigate the use of locomotive horns at selected railroad crossings. The attached agreement allows grant funding through FOOT to offset the cost of necessary capital improvements. The Agreement calls for the County to purchase and install equipment for CSX crossings at SE sz« Street, SE 62nd Street, SE 73rd Street, and SE 80th Street. The total estimated costs of the capital improvements under this three year Agreement is $570,800.00 of which up to $285,400.00 (50%) will be reimbursable by FOOT.

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Budget/Impact: Neutral; expenditures are proposed in future years and are included in the 6/17 TIP. Recommended Action: Motion to approve the Agreement with the FDOT and the accompanying Resolution.

(Ed. Note: TIP is the acronym for Transportation Improvement Plan.)

8.. COUNTY ATT9RNEY: NONE Update - County. Attorney Minter addressed Agenda Item 11G,regarding the request to schedule a hearing to repeal Ordinance 03-28, which created the MSTU for Emergency Medical Transportation Services, noting the cover memo has a typographical error. He ' clarified that the memo states that the fund has not been depleted to zero, which is incorrectand should state that the fund has been depleted to zero. Commissioner Zalak returned at 11:36 a.m.: Mr. Minter addressed Items 11D and 11E in regard to the requests to schedule public hearings relating to. 6rganizational changes to the Economic Development Financial Grant (EDFIG) and Economic Development Infrastructure Grant(EDIG) Ordinances. He advised that the Ordinances as currently prepared would indicate that the Assistant County Administrator (ACA) is going to be assuming those responsibilities; however, it should reflect that it will be the County Administrator or his designee. Mr. Minter stated staff will make those changes prior to the public hearings.

9. COUNTY ADMINISTRATOR: 9A. Administrative Updates PIO Elaine McClain gave a brief overview of the latest County Connection newsletter and advised that those wishing to receive the newsletter can sign up on the County website

. at www.marioncountyfl.org.using the computer in the lobby or by contacting the 'Office of Public Information at PIO@marioncounMl.org..

98. Request Adoption of the Collective Bargaining Agreement Between the Professional Firefighters of Marion County, Local I.AF.F. 3169, Rank and File Unit and the Board of. County Commissioners Effective October 1, 2014 through September 30,2017 HR Director-Tart presented the following recommendation:

Description/Background: The Collective Bargaining Agreement between the Professional Firefighters of Marion County, I.AF.F. Local 3169, Rank and File Unit and the Marion County Board of County CommissiOners was ratified by the body on April 13, 2016 (Exhibit "A"). The Collective Bargaining Agreement must be adopted by the Marion County Board of County Commissio.ners to become effective. Budget Impact: Neutral; annual recurring expenditure of $1,035,597.94 and a onetime expenditure of $578,618.75 in the Fire Rescue Services Budget #3310 and a recurring expenditure of $526,385.48 and .a one-time expenditure of $328,332.50 in the Emergency Medical Services Budget #3355. Recommended Action: Motion to adopt the Collective Bargaining Agreement with the I.AF.F. Local 3169, Rank and File Unit as attached hereto as Exhibit "A"

Mr. Bouyounes advised of a revision to page 41 of the Collective Bargaining Agreement (CBA), in regard to the annual leave accumulation schedule. He clarified that 2 different rates are mistakenly shown, noting the revision will correct this error.

Book V, Page 477

May 17, 2016

Human Resources Director Amanda Tart advised that the typographical error will be amended as agreed upon by both parties. Mr. Bouyounes noted the proposed Agreement will be in effect until September 30,2017. A motion was made by Commissioner McClain, seconded by Commissioner Zalak, to adopt the CBA, as amended to reflect the correct annual leave accumulation schedule, with the Professional Firefighters of Marion County, IAFF Local 3169, Rank and File Unit. The motion was unanimously approved by the Board (5-0). Chairman Bryant thanked Ms. Tart and staff for their hard work.

10. COMMITTEE ITEMS: 10A. Pine Run MSTU Advisory Council - Request Approval to Advertise for Three (3) Upcoming Vacancies Executive Assistant Griffis, Commissioners Office, presented the following recommendation:

Description/Background: There are three terms that are expiring June 2016 and the current appointees are eligible for re-appointment. The new terms will expire June 2020. Budget/Impact: None. Recommended Action: Motion for approval to advertise for three vacancies on Pine Run MSTU, terms expiring June 2020.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to advertise vacancies on the Pine Run MSTU Advisory Council. The' motion was unanimously approved by the Board (5-0).

108. Hills of Ocala MSTU for Recreation Advisory Council- Request Acceptance ofOne (1) Resignation and Approval to Advertise for Vacancy Executive Assistant Griffis, Commissioners Office, presented the following recommendation:

Description/Background: Anne Dreyer has submitted her resignation from the Hills of Ocala MSTU effective immediately. This will create one vacancy on this board with the term expiring in January 2017. Budget/Impact: None. Recommended Action: Motion to accept Ms. Dreyer's resignation and approve advertisement of one vacancy for an unexpired term ending in January 2017.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to accept the resignation of Ms. Dreyer; execute the appropriate letter of appreciation; and advertise vacancy for the Hills of Ocala MSTU for Recreation Advisory Council. The motion was unanimously approved by the Board (5-0).

10C. Marion Oaks MSTU for General Services Advisory Council - Request Approval to Advertise for Two (2) Upcoming Vacancies Executive Assistant Griffis, Cornmissioners Office, presented .the following recommendation:

Description/Background: Two terms on the Marion Oaks MSTU for General Services are expiring in June 2016, both, current members are eligible for reappointment. The new terms will end in June 2020. Budget/Impact: None.

Page 478, Book V

c

May 17, 2016

Recommended·Action: Motion to approve advertisement for two vacancies on the board with terms ending in June 2020.

A motion, was made by Commissioner Zalak, seconded by Commissioner Arnett, to advertise vacancies on the Marion Oaks MSTU for General Services Advisory Council. The motion was unanimously approved by the Board (5-0).

100. lVIarion County Hospital District Board of Trustees - Request Approval to Advertise for Two {2) Upcoming Vacancies Executive Assistant Griffis, '. Commissioners Office, presented' the following recommendation:

Description/Background: There are two terms' on the board that are expiring on June 30, 201.6 and both of the current appointees are eligible for re-appointment. The new terms will last from July 1, 2016 - June 30, 2020. Budget/Impact: None. Recommended Action: Motion for approval to advertise for two vacancies. on the Hospital District Board with both terms expiring June 30, 2020.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to advertise vacancies on the Marlon County Hospital District Board of Trustees, The motion was unanimously approved by the Board (5-0).

10E. Code Enforcement Board - Request Appointment of One (1) Alternate Member for a Full Term Executive Assistant Griffis, Commissioners Office, presented the following recommendation:

Description/Background: There ls currently one vacancy on the. board for an alternate member, term expiring in ApriL2019.We have had one applicant:

. - William L. Miller, retired - Insurance Appraisal Budget/Impact: None. Recommended Action: Motion to appoint Mr. Miller as an alternate member to the Code Enforcement Board, term ending April 2019.

Clerk Ellspermann advised that the applicant received the appropriate votes. A 'motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to

. appoint William L. Miller to serve as an alternate member on the Code Enforcement Board. The motion was unanimously approved by the Board (5-0).

11. NOTATION FOR ACTION: 11A. Request Ratification of a Letter Dated May 3,2016 to the Army Corps 'of Engineers in Regards to the Sabal Trail Citrus County Line Projects within Marion County Executive Assistant Griffis, Commissioners Office, presented the following recommendation:

Description/Background: During the April 19th, 2016 board meeting, 'the board discussed sending a letter to the Army Corps of Engineers in regards to the Sabal Trail pipeline. Attached is the letter that was sent ·by the chairman on behalf of the board. Budget/Impact: None. Recommended Action: Motion to ratify the attached letter sent on May 3, 2016 to' the Army Corps of Engineers in regards to the Sabal Trail Citrus line projects within Marion County.

Book V, Page 479

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May 17, 2016

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to ratify the May 3, 2016 letter to the US Army Corps of Engineers regarding the Sabal Trail Citrus County line projects within Marion County. The motion was unanimously approved by the Board (5-0).

. . 11B. Request Approval to Schedule and Advertise a Public Hearing to Consider the Adoption of the Five-Year Schedule of Capital Improvements 2016 Annual Update for FY 2015-2016 through FY 2019-2020 on Tuesday, June 7, 2016 at 10:00.a.m.· Growth Services Director Martsolf presented the following recommendation:

Description/Background: Florida Statutes Section 163.3177(3) requires the county to annually maintain a Schedule of Capital Improvements for the Five-Year Capital Improvements Program as part of the Capital Improvements Element (CIE) of the Comprehensive Plan. The CIE Schedule contains projects for facilities and services with a Comprehensive Plan adopted Level of Service (LOS) standard which includes the following: Potable Water, Sanitary Sewer, Transportation, Solid Waste, Stormwater (drainage), Public School Facilities, and Recreation and Open Space. This annual update must be approved by the Board, but is no .lonqer required to be a formal Comprehensive Plan Amendment that must be reviewed by the Department of Economic Opportunity. The County Commissioners must now schedule a public hearing to consider the final adoption and approval of the 2016 CIE Schedule Update. Budget/Impact: None. Recommended Action: Motion to schedule and advertise a public hearing to consider the adoption of the Five-Year Schedule of Capital Improvements for FY 2015-2016 through FY 2019-2020, on Tuesday, June 7, 2016, at 10:00 a.m.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to schedule and advertise a public hearing on Tuesday, June 7, 2016 at 10:00 a.m. to consider adoption of the Five-Year Schedule of Capital Improvements for FY 2015-2016 through FY 2019-2020. The motion was unanimously approved by the Board (5-0).

11C. Request Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance Repealing Ordinance No 03-28 Which Created the Marion County MSTU for Emergency Medical Transportation Services on Tuesday, June 7, 2016 at 10:00 a.rn, or as soon thereafter as possible County Attorney Matthew G. Minter presented the following recommendation:

Description/Background: The purpose of this repeal is to remove this fund from the County Budget, as the Board of County Commissioners has not been using this fund for several years and the fund has not been depleted to zero. Budget/Impact: None. Recommended Action: Motion for approval to schedule and advertise a public hearing to consider an Ordinance to repeal Ordinance No. 03-28 on Tuesday, June 7,2016 at 10:00 a.m. or as soon thereafter as possible.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to schedule and advertise a public hearing on Tuesday, June 7,2016 at 10:00 a.m., or as soon thereafter as possible, to consider an Ordinance repealing Ordinance, No. 03-28. The motion was unanimously approved by the Board(5-0).

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May 17, 2016

11D. Request Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance Relating to, the Economic' Development Financial Incentive Grant (10-4) on Tuesday, June 7, 2016 at 10:00 a.m, or as soon thereafter as possible County Attorney Minter presented the following recommendation:

Description/Background: The ordinance amends Section' 10-4 of the Marion County Code of Ordinances in order to reflect organizational changes. Budget/Impact: None. Recommended Action: Motion for approval to schedule and advertise a public hearing-to consider an ordinance relating to the Economic Development Financial

-Incentive Grant (10;.4) on Tuesday, June 7, 2016 at 10:00 a.m. or as soon thereafter as possible.

A motion was made by Commissioner Zalak, seconded by Commissioner .Arnett, to schedule and advertise a public hearing on Tuesday, June 7,2016 at 10:00 a.m., or as soon thereafter as possible, to consider an ordinance relating to the Economic Development Financial Incentive (EDFIGf Grant (Section 10-4). The motion was unanimously approved by the Board (5-0).

11E. Request Approval to Schedule and Advertise a Public Hearing. to Consider an Ordinance Relating to the' Economic Development Infrastructure' Grant (10-7) oh Tuesday, June 7, 2016 at 10:00 a.m. or as soon thereafter as possible County Attorney Minter presented the following recommendation:

Description/Background: The ordinance amends Section 10-7 of the Marion County Code of Ordinances in order to reflect organizational changes.' ' , Budget/Impact: None. Recommended Action: Motion to authorize scheduling and advertising of a public hearing to consider an ordinance' relating to the economic development infrastructure grant (1 0-7) on Tuesday, June 7, 2016 at 10:00 a.m. or as soon thereafter as possible

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, 'to schedule and advertise a public hearing on Tuesday, June 7,2016 at 10:00 a.m., or as soon thereafter as possible, to consider an Ordinance relating to the Economic Development Infrastructure (EDIG) Grant (Section 10-7). The motion was unanimously approved by the Board (5-0). .

1.1 F. Request Approval to Schedule a Departmental Strategic Planning Workshop on Tuesday, June 7, 2016 at 2:00 p.m. Fiscal Manager Michael McCain, Administration, presented the following recommendation:

Description/Background: This year the following departments will be presenting their five-year strategic plans: Growth Services, Information Technology, and CommunityServices. This is the third year in reviewing departments' five year strategic plans. In 2014, BU'ilding Safety, Fire Rescue, Office of the County Engineer, Public Library System and Procurement Services presented their five-year strategic plans. In 2015, it was Fleet Management, Public Safety Communications, Solid Waste, Extension Service and Veterans Services. Budget/Impact: None..

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May 17, 2016

Recommended Action: Motion to approve and schedule the Departmental Strategic Planning Workshop on Tuesday, June 7,2016 at 2:00 p.m.

A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to schedule the Departmental Strategic Planning Workshop on Tuesday, June 7, 2016 at 2:00 p.m. The motion was unanimously approved by the Board (5-0).

12. COMMISSIONER ITEMS: 12A. Commission Comments Commissioner Moore opined that the Collective Bargaining Agreement with Marion County Firefighters is a step in the right direction, noting the importance of taking care of those who serve the citizens of Marion County. Commissioner Moore advised that he spoke to a citizen regarding concerns relating to the water quality at Bird Island and other areas throughout the county. He commented on the possibility of utilizing government grants to help citizens hookup to centralized utilities and be removed from septic systems. ' General discussion ensued. Chairman Bryant suggested a workshop may be needed to discuss options relating to the future of the county's utility system. Mr. Bouyounes advised that one of the biggest challenges is mandatory connection and the costs involved. He stated 'staff will schedule a workshop to address this aspect of the utility system. ' General discussion resumed. Commissioner Moore addressed the possibility of -continuing the suspension of Transportation Impact Fees (TIF). Commissioner McClain stated the Board already agreed to impose those fees at a lower rate beginning next year. . Mr. Bouyounes advised that the 5-Year TIP includes monies, from the upcoming 1 Cent Sales Tax, as well as the imposition of TIFs to fund transportation projects. General discussion ensued. . Commissioner McClain opined that the most important thing the Board can do for economic development is to ensure there are monies to fund transportation projects. Commissioner IVIcClain advised that he has nothing further to add today. Commissioner Arnett commented on the importance for all citizens to celebrate Memorial Day. Commissioner Zalak advised that he recently had the. honor to meet Dr. Emory Brown during the Baccalaureate for North Marion High School, noting Dr. Brown is a Professor of Neuroscience and Statistical Research at the Massachusetts Institute of Technology (MIT) and Harvard University. He noted Dr. Brown is a graduate from North Marion High School and commented on the numerous medical and research achievements performed by Dr. Brown. Commissioner Zalak advised that he had the opportunity to work with a member of the Dangerous Dog Board and noted there have been some cases where the muzzle utilized by owners for their dogs when they' walk them in public have not been sufficient in stopping the animal from biting. He opined that the county should upgrade the Ordinance, from a policy standpoint, to the type of muzzle a dangerous dog should wear. Commissioner Zalak commented on the need to upgrade the policy to require better equipment to protect citizens from dog bites.

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May 17, 2016

In response to Commissioner McClain, Mr. Minter stated the current Ordinance does not specify what type of muzzle the dog must have. General discussion ensued. Mr. Minter advised that current policy is if the owner comes to pick up the dangerous dog and does not have a muzzle, then the county has been providing or selling them a muzzle prior to leaving the facility. The intent was the muzzle supplied by the county is only used to transport the dog back to their property where it will be secured. He stated the issue arose when the owner was walking the dog with the muzzle on and it was still able to bite through the muzzle. Chairman Bryant directed staff to research and find a muzzle that is completely closed to offer to owners who come to the Animal Services facility to pick up their dogs and to begin the process to change the Code to state when an animal has been deemed a dangerous dog it specifies the type of muzzle that must be worn by-that animal. Mr. Minter commented on the possibility of providing a form to the owner when they come

,to pick up the dog that indicates that it is their responsibility to ensure the safety of others from future dog bites and that the county providing them any kind of muzzle does not take away from the owner's ultimate responsibility. He advised that one of the issues with the tort law is that if the county assumes the duty of providing muzzles to owners, it needs to make sure those muzzles are adequate or not provide them at all. Chairman Bryant addressed the upcoming BCC meeting schedule for the month of July, noting the first regulariy scheduled meeting is Tuesday, July 5,2016, which comes off the holiday weekend, as well as the Florida Association of Counties (FAC) conference the week before. She suggested the Board either cancel the July 5th meeting or reschedule it to Wednesday, July 6, 2016. It was the general consensus of the Board to cancel the regularly scheduled BCC meeting on Tuesday, July 5, 2016. Chairman Bryant thanked staff for their hard work in coming to an agreement with the firefighters union.

128. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of May 17, 2016 through June 9, 2016.

12C. Additional Public Comment: All members of the public wishing to, speak during the "Additional Public Comment" portion of the agenda will' be limitedto two (2) minutes to make their request or presentation. If the request or matter requires investigation by County staff, the Chair will refer to stafffor follow-up with the person making the request. Chairman Bryant opened the floor to public comment. . There being none, Chairman Bryant advised that public comment is now closed.

13. NOTATION FOR RECORD: ' 13A. County Administrator' Informational Items: 13A1. Present G2 Energy LLC Landfill Gas Rights Agreement Notice of Lien to Marion County Board of County Commissioners (Budget Impact - None) 13A2. Present Federal Legislative Report for Marion County for April 2'016

138. Present Walk-On Items From Previous BCC Meeting: None

13C. General Informational Items:

Book V, Page 483

May 17, 2016

13C1. Present Outside Counsel Fees 13C2. Present Letter Dated May 5, 2016 from the City of Belleview Adopting Ordinances for the Annexation of Properties into the City Limits of Belleview 13C3. Marion County Health Department - For the Latest health news and information, Visit the Website at http://marion.floridahealth.gov/

130. Clerk of the Court: 1301. Present Memorandum From David R. Ellspermann, Clerk Of Circuit Court And Comptroller, Regarding The Filing Of Ordinance 16-14 (Zoning) With The Secretary Of State's Office 1302. Present Marion Senior Services, Inc. Independent Auditors' Report, Financial Statements, And Additional Information, December 31,2015 Prepared By Purvis, Gray.& Company, LLP, Certified Public Accountants 1303. Present Heart of Florida Health Center, Inc. Financial Statements September 30, 2015 And 2014, Prepared By James Moore, Certified Public Accountants And Consultants . ­1304. Present Regular Report of Utilization for Reserve for Contingencies 1305. Present Monthly Report for the Building Department Budget and Actual 1306. Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 12011,29486,29604,29831,29832,30826, 30910, 31698,.32815, 33760, 33785, 34121, 34122, 36789, 36858, 36870, 36902, 37089A, 37394, 37666, 37670, 37687, 37698, 39409, 39448A, 42403, 42587, 44673, 44707, 44835, 44836, 44966, 45136, 45137, 45221, 45222, 45337, 45377, an Attached List From the Marion County Property Appraiser 1307. For the Month Ended April 2016, a List of Checks Drawn on Commission Accounts, Pursuant to Chapter 136.06, Florida Statutes, are Located at the Following Website Address: http://www.marioncountvclerk.org/public/index.cfm?Pg=boardcheckregisters

13E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Board of Adjustment (BOA) - April 4, 2016 13E2. Development Review Committee (DRC)- April 18 and 25, 2016 13E3. Fire Rescue and Emergency Medical Services Advisory Board - April 14 and October 13, 2015; January 12 and February 9,2016 13E4. Land Development Regulation Commission (LDRC) - January 20,2016 13E5. Marion County Hospital District Board of Trustees (MCHD) - March 28,2016 13E6. Marion Oaks MSTU Advisory Board (Recreation Services and Facilities) - March 8,2016 13E7. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at http://www.WaterMatters.org _ 13E8. Planning & Zoning Commission (P&Z) - March 28, 2016 13E9. St. Johns River Water Management District (SJRWMD) .:. For Minutes and Agendas, Visit the Website at http://www.floridaswater.com '. 13E10. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http://www.ocalafl.org/tpo 13E11. With lacoochee Regional Water Supply Authority (WRWSA) - For Minutes and. Agendas, Visit the Website at http://www.wrwsa.org

Page 484, Book V

May 17, 2016

.There was a recess at 12:09 p.m. The meeting reconvened at 2:06 p.m. with all members present.

Also present were: Growth Services Director Sam Martsolf, Seriior Planners Chris Rison, Lisa Wargo and Kirnberleiqh (Kim) Dinkins, Strategic Resources Project Manager Kevin Smith, Administrative Staff Assistant Stephanie Soucey, Staff Assistant -Kate Jane, County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes.

The meeting opened with the Pledge of Allegiance to the Flag of our Country..

14A. PLANNING &.ZONING AND DRe WAIVER REQUESTS (AT 2:00PM): Deputy Clerk Bonvissuto advised that there are two Proofs of Publication to be presented for this afternoons meeting.. The first Proof of Publication is.a display ad entitled, "Notice of Change of Land Use, Marion County Comprehensive 'plan", published in the Star Banner newspaper on April 15, 2016. The Notice stated the Board will consider Comprehensive Plan Amendments 16-L02 (Item 14B6), 16-L03 (Item 14B4) and 16-L04 (Item 14B1), Large "Scale Future Land Use Map (FLUM) Amendments The second Proof of Publication is No. A000887988 entitled, "Notice of Intention to Consider Adoption of an Ordinance" published in the Star Banner newspaper on May 3, 2016. The Notice stated the Board will consider adopting an ordinance approving zoning changes and Special Use Permits. . "

14A. Planning and Zoning Consent Items: It was noted that the Zoning Commission recommendation was as follows:

ITEM NO. OWNER'S NAME FROM-TO .' ACREAGE 1.160501SU TMI Trust Co. and Church Special Use Permit in A·1 10.0

Loan Property, LLC 2.160507SU Rafael &"Idalia Puente SpeCial Use Permit in 8-4 1.0 3.160509Z Theodore Hall RC-1 to R-E 1.09 lVIotion was made by Mr. Gaekwad, seconded by 1VIr. Colen, to agree with staff's findings and recommendation, and recommend approval of the following Consent Agenda items (160501SU, 160507SU and 160509Z), 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 Motion passed 6 to O. Item 160503SU was pulled from the consent agenda.

Chairman Bryant advised that items on the Consent Agenda have no opposition; however, she will be pulling ltern 14A2, by Raymond E. Morris, Jr., as several people have signed up to speak on this matter. She further advised that Items-14A5, by Sean Fugate, and 14A6, by Marion Pumpers, lnc., have both been withdrawn. Deputy Growth Services Director Sam Martsolf advised that the" remaining five (5) Items listed on the consenfagenda, excluding Item 14A2, are recommended for approval by both the Planning Division and the Planning & Zoning (P&Z) Commission. He stated the consent agenda items will be acted on in one motion, as follows:

. ITEM NO. OWNER'S NANIE FROM-TO ACREAGE

BookV, Page 485

May 17,'2016

1.160501SU TMI TrustCo. and Church Special Use Permit in A-1 10.0 Loan Property, LLC

2. 160502SU Raymond E. Morris, Jr. Special Use. Permit inA-1 .15.2 3. 160507SU Rafael & Idalia Puente Special Use Permit in 8-4 1.0 4. 160509Z Theodore Hall RC-1 to R-E 1.09 5. 160301 SU Sean Fugate Special Use Permit in A-1 40.0 6.160412Z Marion Pumpers A-1 to 8-5 5.95

Mr. Martsolf asked if anyone iii the audience would like to have any of the 5 items listed pulled from the Consent Agenda. 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 Zalak, to approve consent agenda items 14A1, and 14A3 through 14A6, agreeing with the 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 andwill 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:

14A1. 160501SU- TMI Trust Co. and Church Loan Property, LLC, Special Use Permit in B-2, 10 Acres . ­The Board adopted Resolution 16-R-171 granting a petition by TMI Trust Co. and Church Loan FL Property 2 LLC (owner) / John Adams (applicant), 1100 Abernathy Rd NE Suite 480, Atlanta, GA, for a Modification of Special Use Permit 040607SU, Articles 2 and 4, of the Marion County Land Development Code, for an RV and boat storage facility in a B-2 (Community Business) zone on approximately 10 acres of Parcel Account Nos. 46009­000-00 and 46009-001-00. Resolution 16-R-171 contained the following Conditions:

1. The site shall be developed in accordance with the Land Development Code, except that the applicant may request waivers from certain portions of the LDC as provided in Section 2.10. .

2. This special use permit repeals and replaces Special Use Permit 040607SU and 070520SU.

(Ed. Note: This action repeals and replaces Special Use Permit Resolutions 04-R-186 and 07-R-213, respectively.)

14A3. 160507SU - Rafael and Idalia Puente, Special Use Permit in B-4, 1 Acre The Board adopted Resolution 16-R-172 granting a petition by Rafael and Idalia Puente (owners) / Vanessa Walantus (applicant), 8230 NW 165th Terrace, Miami Lakes, FL, for a Special Use Permit, Articles 2 and 4, of the. Marion County Land Development Code, for operating a pre-owned auto sale business in a 8-4 (General Business) zone on approximately 1 acre of Parcel Account No. 44812-001-00. Resolution 16-R-172 contained the following Conditions:

1. The number of vehicles for sale on site shall be limited to 20 vehicles. ,2. Paved parking will be required for the office area in addition to paved

parking for each employee and accessible handicapped parking, provided in accordance with the requirements of the County Land Development. Code.

Page 486, Book V

May 17, 2016

3. The structure onsite will be required to be brought up to code (or demolished) within 90 days of Special Use Permit approval date (5/17/2016) and the outstanding code violation satisfied through the County's Code Enforcement Division.

4., There shall be no major repairs or servicing ofany vehicles onsite. 5. Business hours shall be limited to 9 am to 5 pm seven days a week. 6. Ingress and egress to the property shall be provided via S. Highway 475. 7. A Type..C; 15-footvegetative buffer shall be provided along S..Highway475. 8. The Special Use Permit shall run with the property owners, Rafael and Idalia

Puente, and not with the property. 9. The Special Use Permit shall expire May '17, 2021. The applicant may'

submit a new Special Use Permit application for consideration to renew and extend this permit in the future. '

14A4. 160509Z - Theodore Hall, RC-1 to R-E, 1.09 Acres The Board granted a petition by Theodore Hall, 2426 NE 147th Street, Lot 135, Ocala, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from RC­1 (Rural Commercial) to R-E (Residential Estate) on approximately 1.09 acres of Parcel Account No. 14867-000-00.

14A5. 160301SU - Sean Fugate, Special Use Permit in A-1, 40 Acres The Board withdrew the petition as requested by Sean Fugate, 16695 NW 165th Street, Williston, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, to park 8 commercial vehicles in an A-1 (General Agriculture) zone on approximately 40 acres of Parcel Account Nos. 05723-001-00 and 05723-000-00.

14A6. 160412Z - Marion Pumpers, A-1 to B-5, 5.95 Acres The Board withdrew the petition as requestedby Marion Pumpers, Inc., 13300 SE CR 484, Belleview, FL, for a' Zoning' Change;' Article 5,' of the Marion, County Land Development Code, from A-1 (General Agriculture) to B-5 (Heavy Business) on approximately 5.95 acres of Parcel Account No. 41556-002..00, as the property was annexed into the City of Belleview.

14A2. 160502SU - Raymond E. Morris Jr., Special Use Permit in A-1, 15.2 Acres The Board considered the petition by Raymond E. Morris, Jr. (owner) / Kristina Morris Maksyrriiak (applicant), 3130 NE 127th Place, Anthony, FL, for a Renewal of Special Use Permit 130105SU, Articles 2 and 4, of the Marion County Land Development Code, for parking 1 commercial vehicle, 3 box trailers and 1 flatbed trailer in an A-1 (General

. Agriculture) zone on approximately 15.2 acres of Parcel Account NO.'08321-000-00. PERCENT WRITrEN OPPOSITION WITHIN 300 FEET: 0 of 12 =0%. PLANNING & ZONING COMMISSION RECOMMENDATION: Motion made by Mr. Lord, seconded by Mr. Bailey, to place this on the consent 'agenda and agree with staff's findings and recommendation, and' recommend approval 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 O.

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May 17, 2016

Growth Services Director Martsolf advised that the request is for renewal of a Special Use Permit that was granted in 2013. The original request was for the parking of 2 box trailers' along with a single commercial vehicle and a flatbed trailer; however, the new request is for Mr. Morris' daughter and future son-in-law (Mr. Berenguer). The Conditions also include a requirement to move the trucks further away from the property to the extreme south where several complaints have been received, which the applicant has agreed. The renewal also includesthe addition of 1 box trailer; for a total of 3 box trailers, 1 commercial vehicle and. 1 flatbed trailer. Both Growth Services Department staff and the P&Z Commission recommends approval with the following Conditions and relocation of the trucks:

1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided to include relocation of the trucks to a more central location on the property. ,

2. The Special Use Permit is limited to a maximum of 1 tractor trailer, 3 box trailers and 1 flatbed trailers (1993 truck: . PTRB. 379 1 XP5DB9X5PD327436; 1987 GDane trailer: 1.GRAA9620HS170704; 1988 trailer: 1S11F9286KG811915; 1996 LUFF trailer: 1L01A5327T1123371; 1974 PAVE flatbed: 741213).

3. Ingress/egress shall be via NE 127th Place. 4. No mechanical repairs/maintenance on the commercial vehicle shall take

place on-site. 5. The parking/storage of a refrigerated trailer unit(s), or refer unit(s) is

prohibited. 6. The vehicle parking area shall be located in the central portion of the site

near the home and barn as shown on the amended site plan. 7. Existing tree line buffers shall be maintained on the subject property's

southern tip along its western, southern and eastern boundary.. 8. The Special Use Permit shall run with the operator/truck-trailers owner, who

resides on site (Agustin Berenguer), and not with the property. 9. The property owner (Raymond E. Morris, Jr. and/or Kristin Morris) shall also

reside on-site. . 10. The Special Use Permit applies to the entire 15.2 acres. In the event of a

division of this property, this Special Use Permit shall expire/terminate. 11. Operating hours shall be limited to 7:00 a.m. to 7:30 p.m., Monday through

Saturday.. 12. The Special Use Permit shall expire on May 17, 2021; however a new

Special Use· Permit Application may be submitted to request a . renewal/extension of the permit.

Kristina Morris Maksymiak, NE 127th Place, Anthony, applicant, was present and advised that she would wait until after public comment to address the Board. Chairman Bryant opened the floor to public comment. . Lilly Baron, NE 30th Court, Anthony, presented 6 photos and a page explaining the photos. She showed a short video on the overhead screens as to why the proposal is not suitable for the area, noting NE 127th Place is a country gravel road that is considered the community's park as they have no sidewalks .. The road is used by residents to walk, jog, ride horses, golf carts, wheel chairs, bicycles and children playing in front of the road and is not suitable for semis. Ms. Bar.on stated the permit holder has continuously not been in compliance with the Special Use Permit and requested the Board deny the request.

Page 488, Book V

May 17, 2016

. Greg Preuss, NE 36th Avenue, Anthony, stated he walks his dogs as much as he possibly can on NE127th Place, as well as cuts the grass next to the road. He commented .on the noise and askedthe Board to deny.the request. Tom 'Cartwright: NE 107th Street Road, Anthony, advised from his seat in the audience that he will pass.·' . Yahya Kiwan, Sierra Court, Clermont, advised that he is a civil engineer and contractor and owns a couple of houses in the neighborhood. He noted the road is not built for heavy equipment and is concerned with the road eventually falling apart. Miller Wilson, East Highway 329, Sparr, advised that he owns property adjacent to the subject site and voiced his support for the Special Use Permit. He stated he does not understand why this is being questioned because this is farm area,with tractors and other heavy equipment is used in this working farm community. Chairman Bryant advised that public comment is now closed. Kristina Morris Maksymiak stated the request is for renewal of the Special Use Permit that has coexisted without any incompatibilities. She stated the truck is used to make a living and goes out Monday through Friday. Ms. Maksyrniak advised that she is a nurse and works the day shift, noting the truck leaves after her arid returns before she gets home. She stated she sees no problem with renewing the permit and advised that she has a zip drive with several videos and pictures of semis that access other properties that she can play for the Board. Ms. Maksymiak stated they own 1 semi and therehas only been 1 semi on the property. She clarified that the request is for 2 box trucks, not 3, which she understands do not need a permit as they are used to store hay and feed; the semi and flatbed trailer are the only ones that need a permit. Commissioner McClain noted the application is asking for an additional box truck. Ms. Maksymiak stated that is correct, but advised that since she has spoken with staff she stated the box truck can be removed since it will be left at a feed store and will not be brought back to the property: In response to Chairman Bryant, Ms. Maksymiak advised that there will be no time in the future where the box truck will·need to be returned to the property. Mr. Martsolf inquired if the hours included in the Conditions (7:09 a.m. to 7:30 p.m.).are accurate. Ms: Maksymiak stated that is correct, noting the earlier the better. In response to Mr. 'Minter, Ms. Maksymiak advised that the extra trailers shown in the photos provided by Ms. Baron are Pick or Night Rental Trailers and are years old from

.when they were delivering hay and feed to feed stores. She advised that box trucks have not been moved-in years and the only vehicle that moves is the flatbed and semi, which has been moved to the front of the property adjacent to her home. Commissioner Zalak questioned whether the semi is started before 7:00 a.m. Ms. Maksymiak advised that the truck does not normally start before that time; however, there may be an exception, once in a blue moon, when there is a time schedule load and will accept any earliertimes the Board will allow. Commissioner Zalak noted the box trucks and flatbed trailer on the property and inquired if there are other trailers on the property. Ms. Maksyrniak stated the 2 trailers shown in the picture were on the property for 1 day and were immediately removed to the feed store. In response to Chairman Bryant, Ms. Maksyrnlak stated the 2 trailers were on the property before the Board granted the Special Use Permit. She' advised that the 2 box trailers are stationary and have not been moved since the Special Use Permit was granted. Commissioner McClain questioned the need for the 2 box trailers. Ms. Maksymiak

Book V, Page 489

May 17, 2016

advised that rolls of hay and feed for their animals are stored in the box trucks. She noted they still do contract work where they move trailers for feed stores, but they .are not brought to their property as they use their rented trailers to go directly to the .producers and then the feed store. In response to Commissioner Moore, Mr. Martsolf stated their records show that no Code

.Enforcement Officers have been to the property since November of 2013. He advised that Ms..Baron has complained to him. Commissioner Moore inquired if any violations have been 'found when staff has been on the property. Mr. Martsolf advised that no violations have been found, noting the truck has not been there when staff was present. Commissioner Moore questioned whether staff has seen any unsafe factors, as far as people going 'up and down the road. Mr. Martsolf stated there are farms in the area and commercial vehicles are routinely going in and out with heavier loads, noting the road is substandard; however, no safety factors were noticed. Chairman Bryant passed the gavel to Commissioner Zalak, who assumed the Chair. A motion was made' by Commissioner Bryant, seconded by Commissioner Arnett, to adopt Resolution 16-R-173 granting the Special Use Permit with Conditions 1 through 12, 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. The motion was unanimously approved by the Board (5-0).r '

Chairman Zalak returned the gavel to Commissioner Bryant, who resumed the Chair. It was noted for the record that the Deputy Clerk received a 4 page petition and 1 page email in support of the Special Use Permit request from staff. Commissioner Moore out at 2:27 p.m.

148. Planning and Zoning Items for Individual Conslderatlorr. Chairman Bryant advised that several items on the agenda today will be lengthy; however, there are a few items that will not take as much time, which will be moved up on the agenda. The first to be heard is 14B3, which will be followed by 14B8.

1483. 160503SU - William Dennis, Special Use Permit in A-1, 298.36 Acres The Board considered a petition by William Dennistowner) I Miles Anderson (applicant), 9501 N. Highway 326, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for an olive oil processing facility and office in an A-1 .(General Agriculture) zone on approximately 12.16 acres of Parcel: Account No. 12358­001-00.

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 18 = 0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by' Mr. Colen, seconded by Mr. Bailey, to agree with staffs findings and recommendation, and recommend approval based on the following flndlnqs offact: 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 O.

Chairman Bryant advised that she will recuse herself on the vote and will file the proper paperwork (Form 8B) with the Clerk's Office. , Senior Planner Lisa Wargo, Growth Services, commented on the Special Use Permit request for a Special Use Permit to operate an olive oil processing facility, bottling facility

Page 490, Book V

May 17, 2016

and office on site. The subject property is located on the northeast corner at the intersection of West Highway 326 and NW 97th Terrace, approximately 0.5 miles northwest of NW90th Avenue. The future land use indicates that the property itself and the surrounding properties are designated as rural land. The zoning map indicates that the property and surrounding properties are zoned A-1.She referred to the photographs of the site included in the agenda packet. . Commissioner Moore returned at 2:29 p.m. Ms. Wargo addressed the staff analysis arid findings, noting the Special Use Permit request will be considered as an accessory use to the current agricultural activities being conducted onsite. The actual processing and bottling will only occur in an indoor facility measuring approximately 3,690 square feet (SF) in size. It is anticipated the 2 daily delivery truck trips to and from the site during the high season. There are also 4 employees and the hours of operation for bottling and shipping is from 7:30 a.m. to 5:00 p.m., but will be extended to 24 hours during the peak season for approximately 3 weeks a year. Paved accessible parking is provided. The applicant will need an olive mill waste management plan for the olive pomace, wastewater and other waste products, which includes storage and disposal or reuse to manage any waste stream. Both Growth Services Department staff and the P&Z Commission recommends approval of the Special Use Permit with the following Conditions:

1. The processing and bottling activities shall take place completely indoors and within the hours of 7:30 am and 5:00 pm and 24 hours during peak season not to last more than 3 weeks.

2. The applicant must submit for the building permits required for all of the' structures onsite and all of the required State and Local administrative, occupational, health, and wastewater; and solid waste permits and licenses required for the operation and use, a copy of each supplied to the County prior to issuance of Special Use Permit.

3. Disposal of any waste products must meet the requirements of the FDEP and County Health Department.

4. Ingress and egress to the property shall be provided via Highway 326, and the applicant will be required to contact FOOT and the County's Engineering Department to mitigate for any impacts to the driveway entrance (may 'require engineering' plans and driveway apron permits) that the servicing vehicles may impose. .

5, The Special Use Permit shall run with William Dennis or his family members, the property owners, and not with the property..

6. The Special Use Permit shall expire May 17, 2021. The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future.

(Ed. Note: FDEP is the acronym for Florida Department of Environmental Protection.) Ms. Wargo noted this Item was originally on the Consent Agenda, but was removed because a neighboring property owner to the west had an issue with the access driveway. Staff has since found that the property owner has a Roadway Lease, which is a legal access to the property. Miles Anderson, Miles Anderson Consulting Engineers, SE 17th Street, applicant, was present and stated he is here to answer any questions and will address the Board after public comment. Chairman Bryant opened the floor to public comment.

Book V, Page 491

May 17, 2016

Phillip Holland, NW Highway 225, stated he owned over 1,100 feet of property abutting the roadway, which he advised is an improved 25-foot wide dirt road with no room for passing. He stated his fence is dropped back from the roadway, noting people drive on his property to pass; Mr. Holland noted the one-lane improved dirt road is over2,OOO feet in length from the highway to just past his property. He commented on vehicles currently using the improved dirt road. (Ed. Note: Debora Holland, NW Highway 225, stood with her husband, but did not speak.) In response to Commissioner Zalak, Mr. Holland stated his issue is with people going onto this property to pass on the road and concern with his fence being damaged if he moves it closer to the road. Chairman Bryant advised that public comment is now closed. Mr. Anderson advised that the access road is actually a private driveway and is not a public road. He stated traffic will not be increased by the use of the olive grove, as it ;s an . existing farm. Mr. Anderson stated he is not aware of there being so much traffic that they need be passing; however, Mr. Holland can move his fence to keep vehicles off his property. In response to Commissioner Zalak, Mr. Anderson stated the driveway is used for access from Highway 326 to the facility and meets the specifications to tractor trailers or whatever is used for the olive oil manufacturing. He advised that the FOOT specifications is solely at the entrance of the property. Mr. Anderson stated the driveway is 25-feet wide and about 2,000 feet in length. In response to Commissioner Arnett, Mr. Anderson advised that he does not know the history of the riqhts-of-way (ROW). Commissioner Zalak asked if there is no other access for the olive oil facility. William C. Dennis, West Highway 326, commented on the road, which was originally purchased by Mr. Ferguson, who passed away some years back. Mr. Ferguson kept a 20 acre cutout by the pond so he could go back there and fish and sold the rest of his farm to him (Mr. Dennis). He advised that he purchased all the acreage from Mr.Ferquson and his brother, both of whom have passed away; however, the family still lives on Highway 326 and still uses the property for fishing. Prior to putting in the olive trees the road was mainly used by feed trucks, pickup trucks and trailers to go in and out to take care of the cattle. Mr. Dennis stated the feed truck will come in once in a while, but noted you can see down the road and pull over to the side of the road (not on Mr. Holland's property) until the traffic passes. He noted this is the principal access back to the horses (on the front), cattle (at the back) and olives (on the eastern side of the property line). The small yellow square. shown on the aerial slide is a private cemetery that belongs to the Ferguson family and Brooks family, dating back to 1835. Another private driveway goes back to the house, but is probably not wide enough for a semi. Commissioner Arnett asked if other property owners use the road to access their property. Mr. Dennis stated the drive belongs to the Fergusons and is leased to him, noting it is not. a public thoroughfare and does not correspond to any properties to the west, as they have access out to Highway 225. He advised that the Lease is for 42 years and has an option for an additional 42 years. Mr. Dermis stated they mow and maintain the private road. Commissioner Zalak commented on the 24 hour use. Mr. Dennis clarified that when they process olives they will not be having trucks coming in and out for 24 hours, during that period. Olives from the grove are harvested 1 time a year and occurs for about 2 or 3

.weeks in the first part of September. The rest of the year there is nothing going on with

Page 492, Book V

May 17, 2016

the olives. The best olive oil is when olives are harvested and run through the mill within 24 to 48 hours for processing through the cold press and then storing for 2 or 3 months. The reason for not staying with 7:00 a.m. to 5:00 p.m. is during those 10 days or 2 weeks when olives are being process they want to be able to keep the rnillgoing all night long to ensure that olives taken off the trees are being processed as quickly as possible. He advised that the olive oil will not be removed from the property, except during regular business hours. Mr. Dennis stated he does not envision any trucks coming in at night, but will be working in the fields at night harvesting the olives and running them through 'the mill.

.' .

In response to Commissioner Zalak, Mr. Dennis stated they sometimes work the cattle at 5:00 a.m. or 5:30 a.rn. and other times it is late at night, but does not see that occurring from an olive mill processing perspective. Commissioner Moore questioned the noise from a mill. Mr. Dennis stated the mill is not loud at all, noting the equipment was imported from Italy; the building is insulated and is very quiet. He invited the Board to visit the facility, which he opined is exciting for Marion County. Mr,'Dennis noted they are working with the University of Florida (UF), Institute of Food and Agricultural Science (IFAS), in putting the olives in and are trying to convince other neighbors to put in olives because of the citrus dying off from the greening disease, also known as huanglongbing (HBL) or yellow dragon disease. It is hoped,that the olives and blueberries, but olives in this particular case, will help to fulfill and backfill those crops that are no longer in this area. Marion County is a fantastic place for olive products slnce the trees have to' have 200 to 300 chill hours of 45 degrees (45°) or under to make fruit. . A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to adopt Resolution 16-R-174'granting the Special Use Permit with Conditions 1 through 6, 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. The motion was approved by the Board by a vote of 4-0, with Chairman Bryant abstaining. (Ed. Note: Form 8B appears on the following 2 pages.) .

**REMAINDER OF PAGE INTENTIONALLY LEFT BLANK**

Book V, Page 493

May 17, 2016

FORM 8B' MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS

LASTNAME-FIRST NAME-MIDDLE NAME NAMEOFBOARD, COUNCIL, COMMISSION. AUTHORITY. ORCOMMlnEE Bryant,Kathy MarionCounty Board. of County Commission MAIUNGADDRESS THEBOARD, COUNCIL. COMMISSION, AUTHORITY ORCOMMlT1EE ON 601 51:25thAve. WHICH JSERVE ISAUNITOF:

CITY COUNTY [] CITY ' IIfCOUNTY [] OTHERLOCALAGENCY

Ocala Marion NAME OFPOUTICAL SUBDIVISION: • MarionCounty

DATEONWHICHVOTEOCCURRED 5117116

MYPOsmONIS: It ELECTIVE [] APPOINTIVE

WHO MUSTFILE FORM 88

This fonn is for use by.anypersonservingat the county, city,or otherlocal levelof governmenton an appointed or electedboard. council, commlaalon, authority. orcommittee. It appliesto membersof advisoryand non-advisory bodieswho are presentedwith a votingconflictof InterestunderSection112.3143, FloridaSlatutes.

Yourresponsibilities underthe lawwhen facedwith voting on a measurein whichyou have a conflict of interestwill vary greatlydepending on whetheryou hold an electiveor appointiveposition. For this reason, pleasepay close altentlon to the Instructions on this fonn before completing and filing the fonn.

INSTRUCTIONS FORCOMPLIANCE WITH SECTION 112,3143, FLORIDASTATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would Inureto his or her specialprivategain or loss, Eachelectedor appointed local officeralso MUSTABSTAIN from knowIngly votingon a measure which would inure to the special gain or loss of a principal (other than a governmentagency)by whom he or she is retained Oncluding !he parent,subsidiary" or siblingorganization of a principalbywhichhe or she is retained); to the specialprivategain or loss of a' relative; or to the specialprivategain or lossof a businessassociate. Commissioners of communityredevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S" and officersof Independent special tax districts elected on a one-acre, one-vote basis are not prohibited fromvotingin that capacity.

For purposes of this law,a "relative" includes !lnly the officer's father, mother, son, daughter, husband,wife. brother,sister, father-in-law, mother-in-law, son-In-law, and daughter-In-law. A 'business associate" meansany person or entity engaged In or carrying on a business enterprisewith the officeras a partner, joint venturer, coownerof property, or corporate shareholder(where the shares of the corporation are not listedon any national or regionalslock eXchange).

ELECTED OFFICERS: In addition to abstaining from votingin the situationsdescribed above,you mustdisclosethe conflict

PRIORTO THEVOTEBEINGTAKEN by publiclystatingto the assembly the natureof your interestin the measureonwhich you are abstaining fromvoting;and

WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the minutesof the meeting, who should incorporate the formin the minutes,

APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matlers. However, you must disclose the natureof the conflictbefore making any attemptto Influencethe decision, whetherorallyor In writingandwhethermade by you or at your direction,

IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIORTO THE MEETING AT WHICHTHE VOTEWILL BE TAKEN:

• Youmust completeand file this form(beforemakingany attemptto Influence the decision)with the personresponsible for recordingthe minutesof the meeting, whowill incorporatethe fonn in the minutes, (Continued on page 2)

CEFORM 8B - EFF. 1112013 PAGE 1 Adaptedby referenceinRule34-7,010(1)(1). F.A.C,

Page 494, Book V

May 17, 2016

APPOINTED OFFICERS (continued)

• A copyof the form mustbe providedimmediately to the othermembersof the agency.

• The formmustbe read publiclyatthe·nextmeetingafter the form is filed.

IFYOUMAKE NOATTEMPT TOINFLUENCE THEDECISION EXCEPT BY DISCUSSION ATTHEMEETING:

• Youmustdiscloseorally the natureof your conflict in the measurebeforeparticipating..

• Youmustcompletethe form andfile il within 15 days afterthe vote occurswith the person responsible for recording the minutesof the meeting, who mustincorporatethe form In the minutes.A copyof the form must.beprovidedimmediatelyto the othermembersof the agency, and the form mustbe readpubliclyat the next meetingafter the form is filed..

DISCLOSURE OF LOCAL OFFICER'S INTEREST

I, Kathy Bryant , 2l> ~, , herebydisclosethaton,_M_ay_17 :

(alA measurecameor wilt comebeforemy agencywhicl1 (checkone or more)

_ inuredto my specialprivategain or loss;

_ inuredto the specialgain or lo~ of my businessassociate, '-- ;

_ inuredto the specialgain or·lossof my relative., :--:-- ;

_ inuredto the specialgain or Joss of •by

whomI am retained; or

_ inuredto the specialgain or loss of --.,;. , whlcl1

is the parentsupsidia,ry, or siblingorganization or subsidiaryof a principalwhichhas retainedme.

. (b) The measurebeforemy agencyand the natureof my conflicting interestin the measureis as follows:

o..nd ~\l~ bc:e f"\ M"j ~ ~C'*'" o, 'ieGr,~ h\~ecl ~r -th-e. yr~'3et* ('e.~e()(£d 'od~u);

~~.;+~ \l.\'b~ .. ~p~~ ~Pevt\A.~;.-t~050~Su..

If disclosure of speCific information wouldViolateconfidentiality or privilegepursuantto law or rules governingattorneys, a public officer, who is also. an attorney. may complywith the disclosurerequirements of this sectionby disclosingthe natureof the interestin sucha way as to providethe publicwith noticeof the confiiet.

May 17 , 2016 ~~--DateFiled

NOTICE: UNDER PROVISIONS OF FLORIDASTATUTES §112.317. A FAILURETO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED. BY ONE OR MORE'OF THE ,FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROMOFFICE OR EMPLOYMENT, DEMOTION, REDucnON IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOTTO EXCEED $10,000. .

CE FORM SS • EFF. 1112013 PAGE 2 Adopted by refel1!llce in Rule 34-7.010(1}(~. FAC.

Book V, Page 495

May 17, 2016

1488. 160510RA - Allison L. and Lynn Zachary, Request for Reasonable Accommodation, .49 Acre The Board considered a request by Allison L. and Lynn Zachary, 6141 NW 61st Street, Ocala, FL, for a Reasonable Accommodation under the Fair Housing Act, for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep 1 pot-bellied pig on the subject property, and what reasonable conditions might improve the effect of those situations, in an R-1 zone on approximately 0.49 acre of Parcel Account No. 1304-025-029. Growth Services Director Martsolf advised that the Reasonable Accommodation request is for a single pot-bellied pig and what appears to be a regular-sized pig in an R-1 zoning classification in the Ocala Park Estates subdivision. The applicants indicated that the pigs are for personal use for therapeutic purposes. Chairman Bryant cautioned the audience and asked them to take their conversations outside. Mr. Martsolf advised that the applicants provided a note from the Pediatrician stating the pigs are for therapeutic purposes for a child who resides on the property. Mailings were sent to 39 property owners and commented on a Code Enforcement case initiated by neighbors tothe immediate west. In recent conversations with the neighbors he advised that since the pediatrician note is one child, staff is recommending only the smaller variety pig, which is written into the Conditions. Staff also recommends that all enclosures and roaming be strictly on the eastern half of the property. Mr. Martsolf stated it is a 2 lot property and by keeping the pig on the eastern half it will be at least 1 lot away from the

, western property owner. He noted part of the neighbor's complaint was with the pig roaming and rooting next to their fence. Mr. Martsolf showed several slides on the overhead screens of the site, noting a couple of the Code Enforcement issues relate to a unserviceable vehicle. Growth Services Department is recommending approval upon observance of the following Conditions:

1. The existing one (1) pot-bellied pig (one per child) shall be allowed on the 0.20-acre site. The other pig shall be removed within 90 days.

2. The pot-bellied pig shall be kept in the existing enclosure structure suitably constructed and anchored/tied-down and located on the east end of the existing residence.

3. If the pig is permitted to roam outside its enclosure, adequate fencing must be provided to keep, the animal on the east half of the property.

4. Animal waste shall be removed from the property bi-weekly and properly disposed of..

5. The special use permit shall run with the applicants, namely Allison L. and Lynn Zachary andnot the property. '

6. The Special Use shall expire upon the removal of the one (1) pot-bellied pig on the subject property.

Attorney Marcy LaHart, SW 45th Street, Gainesville, advised that she is present today on behalf of the applicant. She noted her confusion with the suggestion that 1 of the animals be removed. Ms. LaHart stated she reached out to Mr. Martsolf in December of 2015 and provided the prescription from the doctor that says it is medically beneficial for the child to have pigs, not a pig, at home for pet therapy. She noted the prescription and explanation from the child's mottier (applicant) as to why the pig~ are necessary. The child has an autoimmune disorder and it is very important that her stress be managed.

Page 496, Book V

May 17, 2016

When the pigs were removed the child immediately became symptomatic and when the pigs returned her platelets returned to normal. Ms. LaHart advised that pursuant to the Federal and State Fair Housing Act that the child needs to reside with both pigs being accommodated, A response' was received from Mr. , Martsolf that it was assumed there are only 2 pigs and that he would have Code ' Enforcement attach the email to the prescription to close the case out. If complaints-with valid concerns continue then another RA hearing will be held to mitigate those concerns. She stated she sent an email on February 19,2016 to Nicole Lasher advising that if there' are any problems with the pigs her client is willing to address any legitimate concerns and asked to be advised of any change to the pigs housing or manner of keeping the city deems necessary. .Ms. LaHart advised that she heard nothing' until her client was informed that this matter was coming before the Board and one of the recommendations was 1 of the'animals 'be removed. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. Alison Zachary, NW 61st Street, presented 10 photographs of the pigs as well as 2 letters of support from neighbors. She commented on the medical condition of both of her

. children, noting 1 daughter was diagnosed in 2014 and the youngest daughter has started exhibiting symptoms. Ms. Zachary advised that both daughters are patients at Shands. She asked the Board to consider allowing them to keep both pigs for the girls. A motion was made by Commissioner McClain, seconded by Commissioner Moore, to approve the Reasonable Accommodation with Conditions 1 through 6, as amended (see below). '

CONDITION NO.1: The existing two (2) pigs shall be allowed on the ;20 site. CONDITION NO.2: The pigs shall be kept in the existing enclosure structure suitable constructed and anchored/tied down and located on the east end of the existing residence. CONDITION NO.3: If the pigs are permitted to roam outside their enclosure, adequate fencing must be provided to keep the pigs on the east half of the property. CONDITION NO.4: Animal waste, shall be removed from the property bi-weekly and properly disposed of. CONDITION NO.5: This Special Accommodation shall- run with the applicants, namely Alison L. and Lynn Zachary and not the property. ' CONDITION NO.6: This Special Accommodation shall expire upon the removal of the two (2) pigs on the subject property.

The motion was unanimously approved by the Board (5-0).

148. Planning and Zoning Items for Individual Consideration: Chairman Bryant commented on-the process in regard to Items 1481,1482, 1484, 1485, 1486 and 1487. Mr. Martsolf advised that the next three items (1481, 1484 and 1486) that will be heard are a combination of a land use amendment and a rezoning request. He noted Items 1481 and 1482 are inreqard to the Wormsor property on Highway 40; 1484 and 1485 are the Salser property on East CR 25; and .1486 and 1487 are the Vandeven property. When the Board considers the 3 applications they will only be considering the ·Iand use amendments, as to whether or not to transmit to the Department of Economic Opportunity (DEO) for review and comment. The' 'final adoption and approval of both the land use and

800k V, Page 497

May 17, 2016

rezoning is not expected to be eligible and back from DEO for final determination until the July 19, 2016 zoning meeting. The Board will have an opportunity to comment on these items today and decide whether or not to transmit the, land use amendment to DEO, which will be back by July 19th for formal approval of the final land use amendment and zoning change. ' Staff presented the 3 Options the Board has today, which are in the order staff would recommend them: ' Option 1: Transmit the future land use amendments to DEO as submitted, which takes approximately 45 days for DEO to review and provide comments. When the zoning change is provided, as in these cases, it is straight zoning. For reference, the zoning changes in these cases considers the land use amendment, which will only be effective on the final BCe land use amendment approval. At this meeting, the Board can either give direction on the zoning portion of the case and may send it forward acknowledging the zoning that the applicant has requested; request a lower zoning; a Planned Unit Development (PUD); or a Developer's Agreement to address any of the stipulations that might come up in the discussion or deliberations today. The PUD or Developer's Agreement is intended to address specific requirements of the land or zoning, which is not apparent in straight zoning, such as: water and sewer availability, type of dwelling units, a maximum number, mix of units, access and buffering. All of which have requirements or limits for the straight zoning they requested and 'a PUD or Developer's Agreement gives the Board the ability to customize those. Option 2 is to transmit to a lower level future land use amendment. For instance, if requesting high density residential, which is 8 dwelling units per acre (du/a), the Board can transmit a lower density. At the time the zoning comes back, with the reduced land use, the applicant may have to make adjustments to the type of zoning they would request. Option 3 is to deny both the land use amendment and zoning. , Staff is recommending approval to' transmit the land use amendments. Mr. Martsolf advised that staff will address the Items.

1481. 16-L04 - Donna Wormsor, Rural Land and Low Residential to Low and Medium Residential; Including Amending the Urban Growth Boundary, 37~.20 Acres

, The Board considered transmittal of the Future Land Use Map (FLUM) Large, Scale Comprehensive Plan Amendment No. 16-L04 by Donna Wormsor (owner) I J. David Tillman, Tillman & Associates Engineering, LLC (applicant) from Rural Land and Low Residential to Low and Medium Residential and amending the urban growth boundary (UGB).

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 22 of 37 = 59%. PLANNING & ZONING COMMISSION ~ECOMMENDATION: Motion made by Mr. Lord, seconded by Mr.. Lourenco, to disagree with staff's findings and recommendation, and recommend denial based on the following findings of fact: 1. Will adversely affect the public interest. ,' 2. Is not consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surrounding land uses. The motion passed 6 to 0, with Mr. Bailey abstaining.

Senior Planner Chris Rison, Growth Services, advised that Large ScaleComprehensive Plan Amendment No. 16-L04 by Donna Wormsor is requesting to go from Rural Land and Low Residential to Low and Medium Residential. The overall site. is approximately 504

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acres; however, the total acreage involved in the comprehensive plan amendment is 379 . acres. The current amendment is presently at 60 acres of low density residential and 319 acres of rural land areas. The proposed agreement will create 118 acres of low residential and 261 acres of medium residential. The amendment does include a proposal to change the UGB; however, that is not required for the request The property does encroach into the Farmland Preservation Area because the areas there match the UGB along this area, which is west of NW 80th Avenue and NW 70th Avenue (80th to the southern portion and 70th as it extends further north and to US Highway 27). The overall site currently includes an area that is within the UGR Technically, the dashed area to the- northeast is currently'

. designated as medium density residential and the 2 tracts to the 'southeastern corner are where the low density residential is, as well as a piece of the adjoining property, as shown on the aerial map on the overhead screens. The remaining properties shown on the aerial are the rural areas, also noted are the existing land use designations for the area and the proposed land use designations. Mr. Rison commented on the surrounding area, which includes SR 40, NW 80th Avenue, NW 70th Avenue and NW 11Oth Avenue, which shifts and interconnects to US Highway 27 to the north. The area generally consists of a number of varied subdivisions, with rural pocket subdivisions to the east and some urban type subdivisions to the west. The site is within the service area for the Northwest Golden Ocala Regional Utility System. Water and wastewater facilities area currently available. There would not be capacity for the project todoa maximum build-out from a wastewater standpoint. What occurs, is that a large portion of the project is currently undedicated facilities and the county has within its modules thresholds for triggering increased applications for design and physical expansion of a facility. In regard to transportation estimates, Highway 40 has recently been-4-laned and has available capacity according to the Capacity Analysis; which includes a full build-out for the project and presuming a -maximum density and development ofthe site.' NW 80th

Avenue is also a level of service (LOS) designated roadway that is part of the concurrency system; however, NW 100th Avenue is a county maintained and paved road that is classified as a major local roadway, but it is not where traffic counts are currently conducted. The P&Z Commission recommended denial of the: request due to concerns with compatibility, need and traffic. Growth Services Department staff recommends approval, at least for transmittal to the state at this point because of the unique area and the combination of development types and patterns. . . Mr. Rison advised that 14B2 (160506Z) is a request for a sta'ndardzoning change from A-1 and A-3 to R-1' and R-E. . David Tillman, Tillman &·Associates Engineering, SE 16thAvenue, applicant, was present and presented 2 (11x17) documents entitled, "Site Plan Conceptual Layout" and "Location Map". The Location Map depicts the general location of the property and shows urban type developments, ·such as Ocala Estates, even further west than the subject site. The Site Plan shows the inadequacy of NW 1OOth Avenue. One of the thinqs proposed for the low density residential and the adjacent medium density proposed uses is putting in a gate at the 2 points as shown on the plan. The reason for the' gates isto limit the amount of traffic going out to NW 100th Avenue. Those within the low density area have 'access out to NW 1OOth Avenue, SR 40 or NW 80th Avenue, but no one from the medium density parcel has access to NW 100th Avenue, which will reduce traffic on NW 100th Avenue

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considerably. A 100 foot buffer is proposed along NW 100th Avenue and additional plantings will fill in any gaps. , The majority of the site along the roadway has a considerable buffer. Mr. Tillman referred to the photographs included in the Agenda packet in regard to the view from West Highway 40 that show a considerable buffer is in place. He noted there were a couple of breaks when the Department of Transportation (DOT) came in to· get a' stormwater easement; however, those have been replanted and are in the process of filling back in so there will be no visual impact along the roadway whenever development occurs. Mr. Tillman stated they can maintain all of the buffer that exists. Mr. Tillman noted a portion of the request falls within the UGB and advised that staff included the UGB expansion request. He stated he has no objection to the boundary being expanded, but did not include the request for the expansion and could care less if the boundary is expanded. The request is simply for the land use.change. Mr. Tillman advised that utilities are very close (up NW 80th Avenue) and available. He stated the request fits with the region, but noted the Board will hear that there is no need; however, there is no development of this type that is current within this region out on SR 40, with water & sewer and utilities. Mr. Tillman opined that there is a need for this more modern, up-to-date community; which will do well on SR 40. He advised that he will withhold further comment and answer questions at the end. Chairman Bryant opened the floor to public comment, noting several people have signed up to speak. She advised that she will call those who signed up first and afterward anyone who wishes to speak can come forward. Bruce McCown, NW 8th Lane, expressed his concern with access to NW 100th Avenue and it becoming a thoroughfare. He stated the changes do not fit with what is currently in the area and advised that he is opposed to the change. Myna, McCown, NW 8th Lane, advised that she is opposed to the proposal in several different ways. She presented 11 photographs of the roads in the area. Burt Stephens, NW 75th Terrace (Derby Farms), advised that he is representingthe Derby Farms Property Owners Association of Marion County (POA) today, noting most of the homeowners would have liked to been here today, but this is an inconvenient time; however, most signed a petition in opposition. He stated the Board should have received the signed petitions and a letter from the POA President, Nancy Wagner, addressing their concerns with the proposal. Mr. Stephens requested the Board deny the request for medium density residential across the road from Derby Farms. Rebecca Morales, Nw 100th Avenue, advised that she is also representing Ms. Althea Neal (NW 100th Avenue). She noted they are both concerned with increased traffic and are opposed to the change from agriculture. Ms. Morales asked that the Board 'deny the request. William Thomas,' NW 14th Street (Derby Farms), stated his main concern is not only quality of life, but the impact on Marion County in general. He commented on increased density and urban sprawl. Mr. Thomas questioned who will pay for the drilling of new wells, highway, and extra services that will be required. He stated he is opposed to the request. , David Welty, NW 21st Street, advised that he moved to Marion County about 3 months ago from southern California.' He voiced his opposition to the proposed change as it will change the rural characteristic of the area and asked the Board to deny the request.

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Denise Evans, NW 8th Place (Finish Line), presented 2 photos of people riding horses in the neighborhood. She expressed concern with increased traffic in the residential area and requested the Board deny the proposal. Chairman Bryant passed the gavel to Commissioner Zalak, who assumed the Chair. Commissioner Bryant out at 3:29 p.m. Dale Kennedy, NW 14th. Street, voiced her opposition to the proposed zoning and land use chanqes, She presented a brochure for Irish Acres and a spreadsheet containing information about lots. Ms. Kennedy expressed her concern with unsold lots. in close proximity to the subject site and asked the Board to deny the request. . Lora Kuebler, NW·100thAvenue, advised that she is a native Ocalan and is opposed to the proposed changes. She asked the Board to deny the request. ' Commissioner Bryant-returned at 3:33 p.m.

. Chairman Zalak returned the gavel to Commissioner Bryant, who resumed the Chair. Colleen Stringer, NW 82nd .Court, expressed her opposition to the proposal. She commented on the Comprehensive Plan, noting the request is not compatible with the area. Solveig Frings, NW 28th Place, noted she and her husband own 2 properties and her family ride horses in the area. Commissioner Moore out at 3:37 p.m. Ms. Frings commented on increased traffic and road conditions. She urged the Board to deny the request. Paula D. Sheldon, NW 1OOth Avenue, expressed her opposition to the request for a zoning and land use change regarding the subject property. She stated the cost to implement services for new development is never recouped by taxes paidby. new residents and commented on improvements that will be needed. Commissioner Moore returned at 3:39 p.m. Lynn Liljeblad, West Highway 40, expressed her opposition to the land use change. She commented on increased traffic. . Frederich Frisby, NW 70th Terrace (Finish Line), noted most of what he had to say has been addressed. He stated developers always miss something, which is something to consider'. Sara Hauenstein, NW 80thAvenue, expressed her opposition to the rezoning and UGB extension as it will adversely affect the rural area and equestrian character; it does not comply with the Comprehensive Plan as it encourages urban sprawl; it adversely affects the public interest with 59% of those within 300 feet being opposed; it is not cost effective from an infrastructure standpoint; increases surrounding agricultural property owners liability risks; and increases the risk to the health of the animals. She advised of her concern with safety and attractive nuisance, Larry Corcoran, NW1 OOth Avenue, opined that the proposed changes in density will severely impact residents lifestyles. He stated the' changes are not appropriate or necessary and asked the Board to deny the requests. James A. .Scott, NW 82nd Court (Sherman Oaks), advised that he manages a large commercial horse farm within 5 miles of the subject site and is President of the Florida Thoroughbred. Farm Managers and has served on the Equine Advisory Board for the State of Florida, noting they are strongly opposed to the proposal. Althea G. Neal, NW 1,OOth Avenue, advised from her seat in the audience that she will pass.

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Dr. Michelle Sivilich, NW 70th Terrace (Finish Line), advised that she is strongly opposed to the request from both a personal and professional level. She stated she has 20 years of experience in archeology, noting she is fairly cognizant of development laws and urged the Board to deny the proposed changes. Ms. Sivilich noted there are 3. known archeological sites in the vicinity of the proposed development and there potentially may be others. Commissioner Moore questioned where the 3 archeological sites are located. Ms. Sivilich stated the sites are along Highway 40, but do not know how far into the property they extend without further archeological work. In response to Commissioner Moore, Ms. Sivilich stated there are several prehistoric sites (Native American) in the area, but cannot say what they are as the survey is in mitigation. Dennis Sanford, East CR 25, Belleview, commented on traffic and asked the Board to deny the request. Sandra Ortolano, NW 82nd Court (Sherman Oaks), commented on the need to preserve the area.' Marty Goodell, NW 100th Avenue, stated he purchased 10 acres about 4 or 5 years ago and understood that he could not subdivide the property, so he purchased another lot (10 acres) behind him. He expressed his concern with someone being able to chop 10 acres into 1 acre tracts. Mr. Goodell advised that he is opposed to the request and urged the Board to follow through. Brent Barrett, NW 21st Street, noted he and others are opposed to the request primarily due to the rural to agricultural zoning. He urged the Board to keep Marion County horse capital of the world. Kim Nethercutt, NW 78th Court, advised that she is a Realtor and is opposed to the proposed changes. John Zylo, NW 8th Lane, stated there is no need in the neighborhood for what is proposed, noting he has invested over $400,000 on his property. He asked the Board to deny the request. Aurelio Chaux, NW 95th Avenue Road, advised that he moved to Marion County from southern California after retiring from his profession as a physician. He stated the obvious is that the only person in favor of the proposal is the developer and everyone else who live in the area is opposed. Mr. Chaux noted he is opposed to the request and urged the Board to consider the residents and deny the request. John Outlaw, NW 100th Avenue, stated he is a native Floridian and has lived in Marion County since 1994. He urged the Board to stop the request from encroaching on the horse community in the area. David MacKay, SW College Road, attorney, advised that he is representing 3 clients, one of which is Dr. Rebecca Lord, who resides on NW 82nd Court in Sherman Oaks. He commented on the UGB and Comprehensive Plan. Mr. MacKay questioned where the, demand is for this, noting surrounding properties that are already designated as medium density residential. He noted staff has identified· water and sewer is available in the vicinity. Mr. MacKay opined that there is not enough sewer capacity to supply the subject property, much less the hundreds of acres that are already designated for medium density residential. He questioned why the county would expand now and create a bigger demand on capacity. Mr. MacKay encouraged' the Board to keep the density at the lowest level possible and not approve the medium density request. ' Mr. MacKay addressed the portion of the subject property to the west that is outside the UGB, noting in order to change the land use it has to be consistent with the UGB. He

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advised that his 2nd client, Terri Salcedo, lives on 12.4 acres on NW 100th Avenue and is a professional horse person (raises and sells horses). The impact on larger parcels for those who make their living on the land will be enormous if a high density residential development is placed. in the neighborhood. Mr. MacKay expressed concern with the backbone of Marion County (Le., small farms, horse farms and agricultural uses) being driven away. Mr. MacKay advised that his 3rd client is Live Oak Stud, Charlotte Weber's property, whose business address is NW Highway 27, Suite 201. Live Oak Stud consists of about 4,250 acres located immediately south of the subject site on the other side of Highway 40. He noted Live Oak Stud is a big operation that has a large economic impacton the county. Ms. Weber instructed her business manager, Ken Shaw, to hire an attorney to oppose the rezoning and land use change. Mr. MacKay. stated the Weber family concern is that the county is consistently encroachinq on their ability to continue as a viable agricultural operation. He commented on the liability issues and stated the expansion is another card dealt in the hand against agricultural industries in Marion County. Mr. MacKay noted he has submitted 2 different letters to the Board expressing his concerns in writing. He concluded by referencing a quote from a 1964 Supreme Court case. Mr. MacKay stated this is urban sprawl; it is not consistent with surrounding land uses; not consistent with the Comprehensive Plan; and is not appropriate plan amendment for Marion County. He urged the Board not to transmit this matter to OED, as it is a cursory review and has nothing to do with the local impacts this will impose on Marion County. . Commissioner Zalakout at 4:17 p.m. Jackie Miller; NW 77th Avenue, commented on the horse farms on SR 200 when she first moved here. Chairman Bryant advised that public comment is now closed. Commissioner Moore questioned the historical value of the site. Mr. Tillman stated when making submittals for projects such as this, at the engineering phase of moving forward for approvals, if archeological sites are adjacent to, or close by, any history of such sites, or anonymous phone calls, then they typically have to perform' an archeological assessment before any development can occur. He stated he is pretty certain that an archeological assessment will need to,be done on the site. Commissioner Zalak returned at 4:18 p.m. Mr. Tillman addressed comments made in regard to density, traffic. and water quality. He opined that more modern developments with water & sewer actually improves water quality.' Mr. Tillman stated this will not be a detriment to someone's water quality that is adjacent to the property and will not harm wells. He noted a portion of the property is already designated as medium density and they are trying to expand that medium density use. They did look at the fact thatthey are along the edge of the UGB, which is the reason the last 180 acres asked for low density residential. Mr. Tillman addressed comments by Mr. MacKay in regard to the UGB and language used, which falls underneath the section of the UGB;·establishment and modification of the UGB. He reiterated that they did not request a modification to UGB; therefore, the . majority of things stated have no applicability. Many of the excerpts from the Comprehensive Plan' that was read to the Board today are not applicable to this modification, but what is applicable is the policies for low density residential, which specifically states, "This land use designation is intended to recognize areas suited for primary single family residential units for existing and new development along the outer

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edges of the urban growth boundary or urban area.". The medium density residential area says, ''This land use designation-is intended to recognize areas suited for primarily single family residential units, but allows for multi-family residential units for a mix of uses for existing development and new development along the outer edges of the urban growth boundary or urban area." Mr. Tillman advised that these uses are specifically slated for this exact type of location within the Comprehensive Plan, noting everything that was read to the Board was from a different section. Mr. Tillman addressed sewer capacity, noting they -are asking for straight zoning on the parcels. Straight zoning requires larger parcels than can fit 4 units per acre on a piece of

_property. They will not be able to meetthe 4 units per acre with the sewer capacity. Master Planning is underway with the Utilities Department to connect these plants and if there is a lack of capacity; it can be pumped to the next plant. He stated this area is very well suited for water & sewer and this type of development. -Mr. Tillman stated they want to gate the property to limit access to NW 100th Avenue as it is a slag road that was not built for a lot of traffic; however, NW 80th Avenue and SR 40 were both built with plenty of additional capacity in place to handle the traffic. Commissioner Moore questioned what would be able to be built if the Board does not approve any changes. Mr. Tillman stated the north piece, on the Sherman Oaks side, already has medium density or 4 du/a and the lower section is low density residential or 1 du/a. He noted the other portion would either be 1 du/10a or could go to a hamlet if there was a possibility to increase the density. Commissioner Zalak questioned the total number of units on the acreage that is entitled. Mr. Tillman stated staff calculated about 500 units total, currently. Commissioner Zalak inquired as to the ask. Mr. Tillman advised that they are asking for straight zoning, which will not allow them to maximize the densities on the total ask of 1,041 and 118 in the low density residential section; for a total of 1,221 units. Chairman Bryant noted the 2 figures equate to 1,159 units. Mr. MacKay advised that he would like to correct a couple of misstatements, noting what he quoted to the Board is Policy 5.1.2: Review Criteria - Changes to Comprehensive Plan and Zoning. He noted he submitted a letter discussing the expansion of the UGB, which actually has a higher standard than this. Mr. MacKay advised that he had a written contract to represent Ms. Weber and Live Oak Stud. Chairman Bryant asked if there is any issue with the process in regard to a point that was brought up in relation to the UGB and consistency of the land use. Mr. Minter stated he saw no issue with the process the Board is using today. Chairman Bryant noted the UGB is not out where the land use is requested to be changed. She clarified that the question is if there is consistency with each; land use change and with the UGB not changing. Mr. Minter opined that is the point Mr. MacKay is saying, noting he is articulating that there does appear to be an issue. In response to Chairman Bryant, Mr. Minter agreed that it appears to be an issue. Commissioner Zalak opined that NW 80th Avenue was the boundary and asked if the properties west of 80th are in the Farmland Preservation Area. Mr. Rison stated they are not, noting the UGB and the Farmland Preservation Area is 1 mile to the west. He clarified that they are technically 2 separate areas, but essentially follow the same line, which is 1 mile west of 80th Avenue. Chairman Bryant brought the matter back for Board discussion and/or consideration. A motion was made by Commissioner McClain, seconded by Commissioner Arnett, to approve transmittal of Large Scale Comprehensive Plan Amendment No. 16-L04,

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agreeing with Growth Services staff and disagreeing with the P&Z Commission recommendations, based on findings that the land use change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County Comprehensive Plan. In response to Commissioner Zalak, Commissioner McClain stated the motion is for the entire parcel. " Commissioner Moore asked if the amendment is transmitted will the applicant have time to bring this in line with the items that are legally sustainable. Mr. Minter stated he is not sure the applicant will have the ability to do that, noting if transmitted, this is not the final hearing. He advised that the issue can be revisited at the final hearing. Commissioner ­Moore asked if changes can be made to bring this in line with the Comprehensive Plan. Mr. Minter stated the applicant can attempt to do that, but is not sure by which they would bring it in line. Commissioner Zalak noted that even if this is transmitted it has not been assigned a land use at this point. He stated he did not necessarily have an issue with transmitting; however, the problem he has is without a real look at the boundary and the Farmland Preservation Area that was set he did not know how the Board can make that decision. Commissioner Zalak stated they need to look at that line and see if the line needs to be revisited, but is struggling with it being outside the line. He clarified that the acreage outside the boundary is of issue, noting this is straight zoning, not a PUD. Chairman Bryant advised that the motion is for transmittal to DEO for comments and is not an approval by the Board on the land use or the zoning. . The motion was unanimously approved by the Board (5-0).

1482. 16Q506Z - Donna Wormsor, A-1 and A-3 to R-1 and R-E, 504.46 Acres The petition by Donna Wormser (owner) I J. David Tillman, Tillman & Associates Engineering, LLC (applicant), 8999 W. Highway 40, Ocala, -FL; -for a Zoning Change, Article 5, of the Marion .County Land Development Code, from A-1 (General Agriculture) and A-3 (Agriculture Residential Estate) to R-1 (Single Family Residential) and R-E (Residential Estate) on approximately 504.46 acres of Parcel Account Nos. 21087-001­02,21069-007-01 and 21087-001-00 was addressed along with Item 14B1 (t6-L04).

PERCENT WRITIEN OPPOSITION WITHIN 300 FEET: 22 of 37 =59%. ­PLANNING&' ZONING COMMISSION RECOMIVIENDATION:Motion was made

. by Mr. Lord, seconded by Mr. Lourenco, to disagree wittlstaff's findings and recommendation, and recommend denial based on the following findings of fact 1.' Will adversely affect the public interest. 2. . Is not consistent with the Marion County Comprehensive plan. 3. Is not compatible with the surrounding land uses. Motion passed 6 to 0, with Mr. Bailey abstaining.

It was noted that this matter will come back on the July 19, 2016 BCC Agenda.

There was a recess at 4:38 p.m. The meeting reconvened at 4:56 p.m. with all members present, except Commissioner McClain.

1484. 16;.L03 - Floyd S. Salser III, Rural and Medium Density Residential to Medium and _ High Residential, 76.65 Acres

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The Board considered transmittal of the Future Land Use Map (FLUM) Large Scale Comprehensive Plan Amendment No. 16-L03 by Floyd S. Salser III, SHS Properties (owner) I J. David Tillman, Tillman & Associates Engineering, LLC (applicant) from Rural and Medium Residential to Medium and High Density.

PERCENT WRITIEN OPPOSITION WITHIN 300 FEET: 1 of 39 =3%. PLANNING &ZONING COMMISSION RECOMMENDATION: Motion made by Mr. Saju, seconded by, Mr. Gaekwad, to agree with staff's findings and recommendation, and recommend approval based on the following findings offact: 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 vote was 3 to 3, with Messrs. Thompson, Lord and Colen dissenting and Mr. Bailey abstaining. . Marion County Land Development Code Section 3.5.4.......Planning and Zoning Commission (P&Z) recommendation. c) In the event the Commission action results in a tie vote, the Commission may

deem its consideration of the amendment complete and the amendment shall proceed to tis subsequent consideration(s) without a formal recommendation.

Strategic Resources Project Manager Kevin Smith, Growth Services, advised that this is a dual application for a future land use change (Item 14B4) and rezoning (Item 14B5). He noted Tillman & Associates is the applicant and is representing SHS Properties. The request is for an increase in land use density on the FLUM and the associated zoning is for a mobile home park. Chairman Bryant asked staff to explain that the county is just looking to transmit the land use to DEO. Mr. Smith stated that is correct, noting this is the transmittal hearing for the land use application. He referred to the aerial photo, noting the subject site is located east of Belleview on East Highway 25 and contains approximately 74 acres on property that has been and continues to be used for a sand mine operation. The request is to go from Medium Residential and Rural Land to Medium and High Density Residential. The medium density portion of the request is for 41 acres and the high density request is for 33.7 acres as indicated on the map included in the agenda packet. The current land use map shows medium residential on a portion of the property, approximately 15 acres, is located within the UGB and the balance of the property is designated as rural land. Mr. Smith commented on the photos in the agenda packet of the mine area, East Highway 25 frontage and the greenhouse area. He addressed the Staff Analysis, which indicates that this area has beenthe subject of a Special Use Permit in 2006 and 2012 for the sand' mine operation. The subject site is not located in a flood-plain or environmentally sensitive overlay zone (ESOZ). The proposed request can result in a maximum density of 463 dwelling units. The project site is available for sewer & water service from Marion County Utilities (MCU). The traffic impact along Highway 25 will need to be assessed through the. normal review process. If this application is approved and developed it will reclaim the previously disturbed landscape that was used for a sand mine operation. Mr. Smith advised that the P&Z Commission resulted in a tie vote and came forward with no recommendation. Several impacts and concerns were mentioned including environmental impacts, land use density, reclamation process of the mining area and compliance of the already approved Special Use Permits. Staff is recommending denial of the land use amendment for transmittal to DEO. He advised that when the zoning application is reviewed the request will be for a PUD.

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Commissioner Moore noted several maps are included in the agenda packet and asked if anything in the immediate area has mobile homes or a similar mobile home park. Mr. Smith noted a mobile home park, with a similar density, is located approximately 1 mile to the east of this property along Smith Lake. Chairman Bryant noted mobile homes are also located around the existing property. Mr. Smith stated that is correct. Commissioner Zalak questioned staffs last comment Mr. Smith stated staff recommendation for the rezoning will not be for straight zoning for a mobile home park, but rather a PUD. Commissioner Zalak noted Mr. Smith advised that staff recommended denial. Mr. Smith apologized and clarified that staff recommendation is to transmit to OED. Commissioner Zalak clarified that staff recommendation is to approve transmittal

'and come back as a' PUD. Mr. Smith concurred. David Tillman, Tillman & Associates Engineering, SE 16th Avenue, applicant, was present and noted the property is currently a sand mine where a lot of the buffers are established. He advised that most of the homes in the area are mobile homes: however, there are a couple that are non-manufactured. Mr. Tillman pointed out the area that is a junk yard and stated the area is not entirely pristine. He opined that the request is 'a higher and better use of the property as it will be a quality age-restricted mobile home park with amenities. Mr. Tillman noted he has no big objection to the PUD, which will allow them to work through the amenities that need to be in place and types of buffers for this density. ' He stated this type of use is very well suited for the region, noting a nice age-restricted mobile home park is located about 1 mile away from the proposed site. Significant berms of about 25-feet in height already' exist on this portion of the property and are slated to be put in if the portion on the other side is mined. Mr. Tillman commented on the difficulty of putting in a berm due to the considerable change in elevation betWeen the .subject site and Mr. Ballard; however, there will be some separation between the development and the neighbor. ' Commissioner Zalak asked if the change in elevations will be shown if this comes back as a PUD. Mr. Tillman stated the intent will be to reclaim the mine, noting the requirement of the BCC is at a higher standard than FDEP. He advised that the mine was not permitted under FDEP; the northern portion was grandfathered in and the remaining portion is permitted through a Special Use Permit. The reason this was done through the water management district (WMD) instead of getting an industrial wastewater permit from FDEP is because with limerock you are always going into the water and if you are not cleaning, washing arid sorting then it is not considered as having an industrial wastewater impact and therefore, does not have to be permitted through FDEP, but hasto be permitted through the WMD for the earth removal. Chairman Bryant opened the floor to public comment. Floyd Ballard, East Highway 25, Belleview, noted the subject site is located immediately to his west for 584 feet, 610 to the south and approximately 2,000 feet down the road for which he has title. He advised that his concern is not with, the mobile home park, but rather the mine. Mr. Ballard commented on nearby mines not meetfng requirements and stated he has no, problem if the mined area is reclaimed. He presented 10 (5x7) photographs, noting the For Sale sign on the subject property. ' Dennis Sanford, East Highway 25, Belleview, commented on the problems with the mine since it was owned by Mr. Counts. He stated the property has not been reclaimed and noted he is opposed to this because nothing has been laid out as to how they are going to put what on this property. Chairman Bryaht clarified that the applicant is asking for a land use change and rezoning. She stated what is being addressed today is transmittal

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to the State for comment as to the land use change, which has to come back for the zoning portion. The county will have the applicant go through a PUD process to determine what exactly will go on the property, which will take place in a public forum so that everyone knows what will occur. In response to Mr. Sanford, Chairman Bryant stated the county will receive comments from DEO within 45 days and will be heard at the July 19, 2016 zoning meeting. Mr. Sanford advised that his biggest problem with the proposal is with the road that goes parallel to his property as it is not appropriate for heavy trucks, noting there is another road that can be used for access. He stated mobile homes are not needed in the area as there are already enough mobile home parks in the area. Dustin Counts, East Highway 25, Belleview, advised that he also owns properties with his 2 brothers (Daniel J. Counts and David J. Counts, III), father (David J. Counts, Sr.) and is also speaking on behalf of his mother, Diane Counts. He stated his family will provide Affidavits that he is speaking on their behalf, if necessary. Mr. Counts stated they are opposed to the mobile home park as there are mobile homes/trailers in the area; however, it is not adensely populated park. He voiced concern with over 400 people living in a mobile home park" which is a lot of trailers and will drop property values. Mr. Counts noted they are already being chased out because of the 4-lane highway being constructed. He commented on affordable housing for retirees, which he opined does not have to come in the form of a mobile home park, Mr. Counts stated Smith Lake Village is located 1 mile' away and is not a pretty neighborhood. He stated people do not go to fish or swim as the lake is polluted. Mr. Counts requested the Board to deny the request. Phil Koneda, SE 121st Place, Summerfield, stated he has never heard of a PUD for a mobile home park. He noted the sand mine has to be remedied before it is abandoned. Mr. Koneda advised that the problem he has with the proposal is the density change from medium density (4 du/a) to high density (8 du/a), which is high for this area and spot zoning at its best in the middle of an area that is currently zoned rural or agricultural. He commented on market and demand and opined that the proposal does not meet the review criteria and should be denied. Mr. Koneda stated he has no objection for approval at a lower density that is compatible with what is in the Comprehensive Plan and is concerned with the future if this is allowed. . Chairman Bryant advised that public comment isnow closed. Commissioner Moore commented on 55+ mobile home communities and asked if the applicant's client will be open to a block home. Mr. Tillman stated they talked about a development similar to Big Lake Villages; a community that is well maintained, noting realistically, what it comes down to is management, which is the same for any type home. Mr. Tillman addressed comments made, .notinq the property located at SE 83rd Terrace is high density and the remainder is medium density. He stated they asked for high and medium density to where it came out close to 6 du/a, planned, as 8 du/a is higher than something that may be attained, which can potentially be lower when going through the PUD process. When the property is reclaimed, soils will be brought in that are not as high quality in regard to percolation as the sands that were removed and will require a larger stormwater pond than what would typically be seen with development with these types of soil. A chipping green, putting green or something similar will be incorporated into the desiqnof the stormwater pond and used as part of the amenities as well. Mr. Tillman addressed the comment about 6 of the 15 requirements not being met on the sand mine, noting there are no Code Enforcement violations against the sand mine. He

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advised that staff re-inspected the subject site after the last P&Z Commission meeting and found no problems or issues.

. Mr. Tillman stated the property is up for sale and if someone else buys it the PUD will dictate how it is developed. Mr. Tillman advised-that the Special Use Permit for the sand mine encompasses all the property and the intent is to mine the entire parcel and reclaim it as another section is opened. He Clarified that the entire property is currently slated for a sand mine. Mr. Tillman stated they will come back on Tuesday, July 19, 2016 to talk about the PUD. He addressed the use of heavy trucks and opined that the Special Use Permit will also be coming back before the Board, at which time they-can potentially deal with any truck traffic going in and out of that driveway with regard to the other driveway and limit it to the location. Mr. Tillman advised that Mr. Counts is currently separated from the subject site with a 25­foot berm 'and the intention is to leave that berm in place, which' is a considerable separation. He stated 6 units per acre is feasible and will work with the design in the future on the PUD. . In response to Commissioner Arnett, Mr. Tillman stated if you want to bring the people then you have to be better than what is right down the road. Commissioner Zalak opined that to the citizen's points, by allowing this to move forward at least at this point is exactly what will be- good for the neighbors. Motivating someone to reclaim the project and do something constructive, as there is not a financial motivation to finish the mining, reclaim it, make it look nice and develop something of quality. He . stated going through this process and coming back with a PUD is appropriate. ' A motion: was made by Commissioner Zalak, seconded by Commissioner Arnett, to approve transmittal of Large Scale Comprehensive Plan Amendment No. 16-L03', agreeing with Growth Services staff recommendation,. based on findings that the land use change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County Comprehensive Plan. The motion was unanimously approved by the Board (4-0)~ It was noted for the record that the Deputy Clerk received an8 page document from staff containing additional information regarding 16-L03 and 160505Z (Items 14B4 and 14B5).

1485. 160505Z - Floyd S. Salser III, A-1 to P-MH, 76.65 Acres The petition by Floyd S. Salser, III, SHS Properties (owner) I J. David Tillman, Tillman & Associates Engineering, LLC (applicant), 4171 SE 20th Street, Ocala, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from A-1 (General Agriculture) to P-MH (Mobile Home Park) on approximately 76.65 acres ofParcel Account Nos. 39279-000-01, 39279-026-00, 39279-028-00 and 39279-005.,;01 was addressed along with Item 14B4(16-L03).

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 39 = 3%.' , PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Saju, seconded by Mr. Gaekwad, to agree with~taffs findings and recommendation, and recommend approval based On the following findings offact: 1.-' Will not adversely affect the public interest. 2. Is'consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surr6undingland uses. The vote was 3to 3, with Messrs. Thompson, Lord and Colen dissenting and Mr. Bailey abstaining.

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Marion County Land Development.Code Section 3.5.4. - Planning and Zoning Commission (P&Z) recommendation.. c) In the event the Commission action results in a tie vote, the Commission may

deem its consideration of the amendment complete and the amendment shall proceed-to tis subsequent consideration(s) without a formal recommendation.

It was noted that this matter will come back on the July 19, 2016 BCC Agenda.

1486. 16-L02 - Harvey Vandeven, Low Density Residential to High Density Residential, 39 Acres . The Board considered transmittal of Future Land Use Map (FLUM) Large Scale Comprehensive Plan Amendment No. 16-l02 by Harvey Vandeven/Ag Properties of Marion, LLC (owner) / J. David Tillman, Tillman & Associates Engineering, LLC (applicant) from Low Residential to High Residential.

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 5 of 31 =16%. PLANNING & ZONING COMMISSION RECOMMENDATION: Motion made by Mr. Lord, seconded by Mr. Lourenco, to disagree with staff's findings and recommendation, and recommend denial based on the following 'findings of fact: 1. Will adversely affect the public interest. 2. Is not consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surrounding land uses .

. The vote was.4 to 2, with "Messrs. Saju and Gaekwad dissenting andMr, Bailey abstaining.

Growth Services Director Martsolf advised that the last 2 items are a combination of a large scale comprehensive plan amendment (Item14B6) and re-zoning application (Item 14B7). The Plan Amendment will be decided as to whether or not to transmit and will come back at the July meeting to discuss the specific zoning request. The land use request is to go from Low Density Residential (1 du/a) to High Density Residential (8 du/a) , on 39 acres located off Juniper Road next to the Legacy Elementary School and just north of the Belleview city limits and north of the Summercrest subdivision off SE 92nd Place Road. The zoning change request is from A-1 to R-3 and will support the land use that allows the 8 du/a, Staff is not as firm with the recommendation for a PUD, necessarily; however, there are some issues that definitely warrant discussion and being dealt with through a Developer's Agreement or the PUD process. This project is wholly within the UGB and the Primary Springs Protection Zone (PSPZ). The current land use will support 39 units and with the current zoning will support 3 units (1 du/10a) for the A-1 zoning. The conforming zoning with the current land use would be R-E, which allows 1 du/a, for 39 units. The requesting high density of 8 du/a will result in a maximum of 312 units. Water & sewer is available from Belleview at Legacy Elementary and has capacity. School capacity is also available, as the maximum units allowed of 312 calculates to create 50 additional students. Mr. Martsolf noted one of the main issues staff has wrestled with is in regard to access, which is currently through a shared easement with the road marked as "bus loop" that' goes back 300 feet deep. He commented on the shared access to the subject property, which is not ideal in that it is shared with the school and the sight distance at the intersection. Mr. Martsolf advised that this was discussed with the owner and staff looks for this to come back with an alternative to include access out to Chestnut Road. He noted other options are available that staff would like to see settled at the zoning stage.

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Mr. Martsolf noted the last issue discussed was the environmental issues, which is in the PSPZ where some relic sinkholes are seen; one in the eastern portion of the property and, a karst feature on the western portion of the subject site. He advised that Mr. Tillman indicated they are aware of that and look to appropriately buffer and preserve as much of that as possible to protect that feature. ­Growth Services Department staff recommends transmittal and approval of the zoning to 'at least have any issues addressed by a Developer's Agreement; forpotentially the height .and anything of questions, or staff will look for a PUD zoning to address issues. It was noted that the P&Z Commission recommends denial. David Tillman, Tillman & Associates Engineering, SE 16th Avenue, applicant, was present and noted that staff hinted they may be sugg~sting PUD on some of these projects. He presented an 11x17 drawing of the Chestnut Hill Community. The land use requesting has a density of 8 du/a, which equates to 320 unit. A layout was prepared, but does not reach the 320 maximum units. The reason for asking for the high density was because they wanted to do attached multi-family housing, which that land use allows. The density will probably be approximately 3du/a. Mr. Tillman stated the Board will hear testimony of karst sensitive features on the back portion of this property, which they are not planning on developing. He advised that they also met with Mickey Thomason, Office of Greenway & Trails, FDEP, because at one point in time the potential of the Marjorie Harris Carr Greenway & Trail to connect through this section was brought up, noting an .ernaf was providedto staff from Mr. Thomason stating they were not interested in this property at this time. Mr. Tillman stated the property was preserved for twofold: 1) if DEP has an

- interest, it is already set aside; and 2) they want to stay away from any potential karst, problems that may exist within that region. Mr. Tillman advised that the access,point was agreed to on SE 85th Lane; shown as "Bus Loop" on the map, but agreed with staff that it should be the secondary/emergency access and will move forward with trying to acquire rights-of-way (ROW) to make the connection to Juniper Road, right across from Juniper Pass, as it will makea better connection. He opined that single family housing is not something that will work in the close proximity to the school and be sellable. Mr. Tillman stated the rental market-will work here and is well suited for the area. The land use and zonings lnthe area are urban residential, which is 16 du/a and high density residential is adjacenUo the subject site. Heantlclpates rezoning to a PUDwith this property as well. Mr. Tillman commented on theentryway at Chestnut as mentioned by Mr. Martsolf earlier, are the same style unlts they are proposing to develop on this property. He stated there will be no major impact to anyone: " Chairman Bryant opened the floor to public comment. Curtis Chappelka, SE 84th Lane Road, owner of Paradise Springs, commented on the history of the springs that has been in operation for over 30 years and is located next to the subject property. He expressed his concern with water 'flows coming into Paradise

, Springs from the north side (adjacent property) and effecting the water in the spring. Mr. .Chappelka advised that people from all over the world come to dive in the spring, which is rated in the top 10 springs in Florida. He noted his concern with the request having an adverse effect on his business. Mr. Chappelka commented on unstable ground near the school. COmmissioner Zalak asked if the spring was impacted when the' school was built. Mr. Chappelka stated construction of the school was kept closer to Juniper Road and had no impact on the spring.

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Jim Fallon, SE 84th Lane Road, commented on the 2 minute time limit for public comment. He presented a 2 page petition in opposition to the proposal and addresses their concerns. Polly Boileau, SEJuniper Road, noted her property abuts the subject property on the west where she raises livestock. She commented on nearby empty lots zoned for single family or multifamily dwellings rather than changing the zoning from Agriculture. Ms. Boileau advised that she attended the P&Z Commission meeting, noting their recommendation was for denial. She questioned why this would go to the state for a PUD zoning and requested the Board to deny the request. Larry Yonge, Juniper Road, stated the request should be denied for several reasons, noting there are over 300 parcels in the immediate area where the vast majority is undeveloped, so there is no need for additional R-3 zoned properties. Commissioner Moore out at 5:53 p.m. . The second concern is related to the impact on traffic and lastly, the agricultural land provides a nice barrier between the Shores land and R-3 land, as well as the R-1 properties and the Greenway. This proposal puts a large encroachment into the A-1 area landowners who purchased the property for that characteristic that will be lost with this rezoning. He asked that the Board deny the change. Commissioner Moore returned at 5:55 p.rn, Cindy Yonge, Juniper Road, commented on her contact with staff, the Zoning Commission meeting and the Comprehensive Plan. She requested the Board deny the request. Cathy Priest, SE 79th Street, stated most of what she had to say has already been addressed, noting west of Juniper is rural. She commented on traffic, rioise and crime. Darlene Weesner, SW80th Street, commented on the gap in the Greenway,. which is entirely too dense and will create tremendous traffic. problems. She noted the work she has put into the Santos. Gap. In response to Chairman Bryant, Ms. Weesner advised that she is not objecting as much as she is trying to warn the county about the impact of this change .. She asked the Board to consider buying this property asltwill be a tremendous asset to the county. Ms. Weesner opined that this parcel is crucial to the success 'of the Greenway, noting the state wants to go on the other side.of 80th Street, which is not as feasible because there are more homes, smaller acreages and does not have the trails separated. She commented on the uniqueness of the Greenway Trail. Dominic Ferrelli, Chestnut Drive, commented on traffic, the impact on the roads, soil and how this development will affect the water supply. He stated he is opposed to this request, noting there is no need for additional housing in the area. Bill Muller, Fir Trail Drive, Silver Springs Shores, expressed his opposition to the proposed changes. . Jimmy Carrell, SW 85th Terrace, advised that he was glad to hear the comments by Mr. Tillman as it answered many questions. He commented on planning of the property, noting the drainage/runoff from the property can be managed sufficiently so that it does not degrade the quality of the water currently in Paradise Springs. Mr.Carrell presented a 2 page document (1 page of comments and 1 8x10 black & white photo) and noted karst features can be seen in the photograph. He stated the geotechnical study that will be conducted during the development process should assess those existing karst features and provide an analysis as how they may affect the development potential of the property as well as runoff into the springshed area for Paradise Springs. Mr. Carrell addressed traffic and stated the proposal to use Chestnut Road would provide a direct

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connection to Baseline Road, which should be pursued when development planning occurs. He commented on the compatibility with land uses, noting he is neither for nor against the development per say; however, the density should, remain at low density residential'. Cathy Keck, Juniper Road, stated there is no ingress/egress to the subject property. She expressed her opposition to the proposal. Michelle Shearer, SE 85th Street, President of the Shady Greenway Conservation Alliance, and Vice President of the Shady Historic' and Scenic Trails Association (SHASTA), voiced her opposition mainly dueto the springs, which needs to be protected. Chairman Bryant advised ,that public comment is now closed: In response to Mr. Chappelka, Mr. Tillman noted he is addressing the drainage adjacent to the area, noting there is- special criteria in the land development code (LDC) for karst sensitive areas of this nature. He stated the layout shows that they are sensitive to the fact that there is a spring here and is aware there will need to be additional criteria for water quality treatment, which will 'be taken into account: Mr. Tillman referred to the comment made that the school was turned down due to it being. ­

unstable, pursuantto public record. He stated a geotechnical firm conducted a study using ground penetrating radar over property the school was considering. The Study came back and stated there were potential anomalies throughout that property. The newspaper got a copy of the report and made the comment that it was riddled with sinkholes, which was inaccurate. The Soils Report stated that it was anomalies. Mr. Tillman advised that he spoke with Mr. Heath of GeoTech and asked what was found on the property when he went back and looked at all of the anomalies, noting no sinkholes were found. The fact that the property was riddled with sinkholes and the School Board turned it down for that reason is not true as a geotechnical engineer followed up' and found the property suitable to build on and obviously the school was built. He stated they are looking to build single story buildings with shallow foundations, typically 3-feet or less. Mr. Tillman addressed the road capacity for approximately 120 odd units (3 du/a). He noted the property is wholly within the UGB and is suitable for this type of growth. The exact land -use is adjacent to the subject site and the elementary school is directly adjacent, with a connected shared roadway at this point in time. Mr. Tillman addressed comments made in regard to the Greenway, which is a linear park,_ but is something that is pristine and very important to be protected. He stated them being adjacent to the Greenway is not an impact, as the idea is to bring people to parks so they get used. Trails are being widened and paved trails are being added to bring people to the park. Mr. Tillman stated the proposal is not an impact that will degradate the integrity of the Greenway in any way.. Mr. Tillman noted the developments in Silver Springs Shores are on well and septic; however, they will be connecting to water and sewer, which limits any potential pollution from septic tanks. Mr. Tillman referred to the comment to make the connection for pedestrians to the school, which they will certainly look at when going to final design. He stated the property is wholly within the UGB and the 'adjacent uses next to it will not work for single family residences, noting this is a use that makes sense. Some of the buffering is addressed by the layout

. provided and will be further addressed at the PUD process. Commissioner Moore commented on the MSTU for roads and asked if there will be any cost sharing that the developer will have to enter into. Mr. Tillman stated he is sure they

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will have to enter into that if the development connects and uses that roadway system. Commissioner Zalak noted the development would become part of the MSTU. Commissioner Zalak addressed his concerns, noting the drainage retention area (ORA) may be an enhanced treatment facility from a water quality standpoint may be necessary when looking at it from a PUD process. He voiced his 'concern with dumping traffic out onto Juniper Road is better than using the current access and whether it will cause congestion. Mr. Tillman stated the bus loop location shown on the map is not where the majority of parents go to drop-off children, which is down the road and is not shown on the map. He advised that he .likes the layout of making the connection at the 'T' intersection across the road at Juniper, which does increase the potential for conflicts at what is labeled SE 85th Street. Mr. Tillman stated SE 85th Street would work just as well, but a stop condition would have to be put in for cars. to maneuver the intersection. Commissioner Zalak noted there are still some things that need to be worked out, but will make a motion to transmit. A motion was made by Commissioner Zalak, seconded by Commissioner Arnett, to transmit Large Scale Comprehensive Plan Amendment No. 16-L02, agreeing with Growth Services staff and disagreeing with the P&Z Commission recommendations, .based on findings that the land use change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County Comprehensive Plan. Chairman Bryant reiterated some of the concerns Commissioner Zalak has, noting she also has some of the same concerns. The motion was unanimously approved by the Board (4-0).

1487. 160504Z - Harvey Vandeven, A-1 to R-3, 39 Acres The petition by Harvey Vandeven, 16 SE Broadway Street, Ocala, FL,' for a Zoning Change, Article 5, of the Marion County Land Development Code from A-1 (General Agriculture) to R-:3 (Multiple Family Residential) .: on. approximately 39 acres of Parcel Account No. 36640-004-00 was addressed with Item 1486 (16-L02).

PERCENTWRITIEN OPPOSITION WITHIN 300 FEET: 5 of31 = 16%. PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lord, seconded by Mr. Lourenco, to disagree with staff's findings and

. recommendation, and recommend denial based on the following findings offact: 1. Will adversely affect the public interest. 2. Is not consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surrounding land uses. The vote was 4 to 2, with Messrs. Saju and Gaekwad dissenting and Mr. Bailey abstaining.

It was noted that this matter will come back on the July 19, 2016 BCC Agenda.

14C. Adoption of Ordinance 14C1. 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 Zalak, seconded by Commissioner Moore, to adopt Ordinance 16-15 amending the. Marion County Zoning Map pursuant to individual

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decisions made by the Board on each application heard in thepublic hearing. The motion was unanimously approved by the Board (4-0). Ordinance 16-15 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.

7F3. Request Approval of Task Order for Solid Waste Consultant: 04Q~088-TO-15,

Engineering Report on Conceptual Layout Alternatives and Cost Estimate for a New Citizens' Convenience Center at the Baseline Landfill - S2Li, Inc. Maitland, FL (Budget Impact - Neutral; expenditure of$187,709 as approved in FY 15/16 budget)

UPDATE: Mr. Bouyounes requested the Board to approve Thursday, May 26, 2016 at 2:00 p.rn. for a Solid Waste workshop, based on discussion that was held earlier this morning. . A motion was made by Commissioner Moore, seconded by Commissioner Arnett, to schedule a Solid Waste workshop on Thursday, May 26, 2016 at 2:00 p.m, The motion was unanimously approved by the Board (4-0).·

There being no further business to come before the Board, the meeting thereupon adjourned at 6:23 p.m.

\}"rl.·.~_ ~Chairman

Attest

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