Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS. October 16, 2018 CALL TO ORDER:

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1 CALL TO ORDER: Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:04 a.m. on Tuesday, at the Marion County Governmental Complex located in Ocala, Florida. INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by Commissioner Zalak and the Pledge of Allegiance to the Flag of our Country. 9:00 AM ROLL CALL: Upon roll call the following members were present: Chairman Kathy Bryant, District 2; Vice-Chair Michelle Stone, District 5; Commissioner David Moore, District 1; Commissioner Jeff Gold, District 3; and Commissioner Carl Zalak, District 4. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes. Seated behind the County Attorney and County Administrator are: Fiscal Manager Mike McCain; Assistant County Administrator (ACA) Jeannie Rickman; and ACA Angel Roussel. ANNOUNCEMENTS: Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12C). 1. PROCLAMATIONS AND PRESENTATIONS: Upon motion of Commissioner Moore, seconded by Commissioner Stone, the Board of County Commissioners (BCC) approved and/or ratified the following: 1A. PRESENTATION - Update from Dr. Donald J. Baracskay, II, CEO of The Centers, Inc. The Board considered the following recommendation from County Administrator Mounir Bouyounes, PE, Administration: Description/Background: Dr. Baracskay, CEO of The Centers, Inc. has requested to present an update on the strategic direction of The Centers. Attached is a memo from Dr. Baracskay highlighting some key areas for this update. Budget/Impact: None. Recommended Action: None; informational purposes only. Chief Executive Officer (CEO) and Medical Director Dr. Donald J. Baracskay, The Centers, Inc., SW 60th Avenue, gave a brief update on the strategic direction of The Centers. The Centers was able to finish the last fiscal year (FY), which ended in June, with a modest profit of almost $200,000. This is in contrast to the previous 5 years, where the organization lost approximately $1,000,000 annually. He advised of an initiative in Citrus County to "peel off' state contract dollars for Citrus County from Marion County. Dr. Baracskay clarified that The Centers has historically provided services on behalf of Book Y, Page 603

2 uninsured individuals in both Citrus and Marion counties, but unfortunately The Centers lost the Citrus County contract to a competitor, which resulted in a $3.1 million reduction in the amount of funding it will receive this year. He advised that The Centers has done everything it can so that services are not diminished in either county, noting both the Lecanto and Citrus County offices have been kept open. Most reductions that had to be made were taken from management and non-clinical positions with the objective to preserve as many services as possible. The Centers is working on several initiatives, including expanding outpatient services, as well as offering people the opportunity to utilize telehealth from a home environment, especially for those who lack transportation. Dr. Baracskay addressed concerns relating to the possible closure of the adult psychiatry unit, which only offered the ability to serve individuals with Medicare, noting The Centers still has an adult crisis unit, a child crisis and a detox unit. Another significant provider in the community is The Vines, which is also able to accept individuals that have Medicare, so patients should not be too inconvenienced. The detox unit has a limited number of beds, noting it is The Centers intention to take the existing space of the adult psychiatry unit and increase the size of it for detox purposes. He commented on the need to partner, rather than compete, with other organizations due to limited healthcare funding in order to expand the ability to help people. Dr. Baracskay advised that The Centers is currently in the process of applying for a state funded mobile crisis program to try and reduce the number of individuals that are Baker Acted (involuntarily commitments) within the county. Locally, approximately 3,500 individuals were taken to a hospital, with approximately 70% coming from law enforcement. The intention of the mobile crisis program is to put healthcare professionals in the field and permit citizens greater access to behavioral healthcare expertise; thereby reducing the number of Baker Acts. He requested the BCC provide a Letter of Support to submit with the bid for state funds. Chairman Bryant stated she was fairly certain the BCC can accommodate the ask for a Letter of Support. She thanked Dr. Baracskay for today's update, noting mental health services is an important component in combatting some of the very large issues being faced by citizens across the state, as well as the nation. Chairman Bryant questioned how the telehealth program is working. Dr. Baracskay advised that historically, healthcare insurers were not willing to pay for the service; however, now more people are accepting of it and insurers are more willing to pay for the service, including the State of Florida, which allows uninsured citizens to receive telehealth services. The technology allows people to receive care wherever they are, especially those without transportation. The program is approximately 3 weeks away from going live and final preparations are being made. Commissioner Moore commented on the need to lobby for state funding to address the opioid epidemic. Commissioner Stone expressed her appreciation to Dr. Baracskay for his leadership. Dr. Baracskay commented on the Leadership Team at The Centers and their commitment to help others. Chairman Bryant advised of a Walk-On Proclamation for Board consideration. WALK-ON: PROCLAMATION National Walk Our Children to School Day (Approval Only) Description/Background: The National Walk Our Children to School Day proclamation was originally approved by the Board on October 2, However, Page 604, Book Y

3 due to the weather, the planned celebration date of October 10, 2018 was changed to October 24, The Board is requested to approve the attached revised proclamation indicating the correct date for this year's celebration. Budget Impact: None. Recommended Action: Motion to approve the attached revised proclamation for National Walk Our Children to School Day. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to consider the Walk-On Item. The motion was unanimously approved by the Board (5-0). Chairman Bryant opened the floor for public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to approve the revised Proclamation declaring October 24, 2018 as "National Walk Our Children to School Day". The motion was unanimously approved by the Board (5-0). 1B. PROCLAMATION - Mediation Week - Thomas Aemisegger, Mediation Services Coordinator (Approval and Presentation) The Board presented the Proclamation recognizing the week of October 14 through 20, 2018 as "Mediation Week" to Mediation Services Coordinator Thomas Aemisegger, Court Administration; Director of Case Management Debbie Clark, Court Administration; Judge Robert Landt; Judge James McCune; Judge Thomas Thompson; and Judicial Assistants Christina Jones and Kim Banks. Mr. Aemisegger expressed his appreciation to the community for recognizing mediation services and the benefits they provide to the courts and citizens of Marion County. Over 1,492 mediations have gone through the Court Mediation Services, of which 587 have been small claims and county mediations where volunteers who have been certified by the Florida Supreme Court performed those duties and have settled approximately 70% of those cases. Judge Landt expressed his appreciation to all mediators for their dedication. Ms. Clark thanked the Judges for their support and urged citizens to volunteer as mediators. 1C. PRESENTATION - Employee Service Awards - Amanda Tart, Human Resources Director (Approval and Presentation) Human Resources (HR) Director Amanda Tart presented the following recommendation: Description/Background: The Marion County Board of County Commissioners feels it is important to recognize employees for their years of service to the County. For our recognition ceremony, we want to acknowledge those employees who have achieved fifteen (15) years of service or more. Because of the Board's continual and generous support of its employees, the Marion County Board of County Commissioners would like to present the following Employee Service Awards as attached. Budget/Impact: None. Recommended Action: Presentation of appropriate awards to the employees on the attached list. The Board, along with HR Director Tart presented Employee Service awards to the following: Ryan Hoppe, Facilities, for 15 years of service; April Chappell, Facilities, for 15 years of service; Book Y, Page 605

4 Denise DelVisco, Fire Rescue, for 15 years of service; Steve Jones, Utilities, for 15 years of service; Erick Love, Utilities, for 15 years of service; Marshall Runkies, Fire Rescue, for 15 years of service; John Tweedy, Fire Rescue, for 15 years of service; James Larramore, Solid Waste, for 20 years of service; Theodore (Tony) Bewley, Building Safety, for 20 years of service; Anthony Pellegrino, Office of County Engineer (OCE), for 25 years of service; David Cooper, Fire Rescue, for 25 years of service; Cecil (Paul) Parker, OCE, for 25 years of service; and Kenneth Home, OCE, for 25 years of service. It was noted that David Cooper was not present. 1D. PRESENTATION - Special Reunion of Ms. Nakia Ingram and her Marion County Fire Rescue Heroes and Presentation of Certificates of Recognition James Banta, Fire Chief (Approval and Presentation) The Board considered the following recommendation from Executive Assistant Nadja M. Griffis, Commission Office: Description/Background: Ms. Nakia Ingram will be reunited today with the first responders that helped save her life during an accident where she was impaled by a fence post through her chest cavity on January 30, This reunion is possible because of the hard work and dedication that our first responders put forth in order to rescue her. Due to their heroic actions during this motor vehicle accident, the following Marion County Fire Rescue employees are being recognized: Engine 11: Lieutenant Stephen Johnson, James Cussins, Jacob Banta Engine 19: Lieutenant Mike Asbell, Michael Poole, Cole Davis Rescue 19: Kevin Oats, Jonah Wulff Critical Care One: Sam Peppard, Brian Dzbinski District 1: Captain Justin Harrington Budget/Impact: None. Recommended Action: Motion for approval and presentation. The Board, along with Fire Chief James Banta, Marion County Fire Rescue (MCFR) presented Certificates of Recognition to the following: Lieutenant Stephen Johnson, James Cussins, Jacob Banta, Lieutenant Mike Asbell, Michael Poole, Cole Davis, Kevin Oats, Jonah Wulff, Sam Peppard, Brian Dzbinski, and Captain Justin Harrington in honor of their heroism and selflessness above and beyond the call of duty at great risk of personal injury. Commissioner Stone out at 9:37 a.m. Fire Chief James Banta provided a brief overview of the accident that occurred in the early morning hours of January 30, 2018; wherein a motor vehicle crashed into a fence, impaling the driver through her chest cavity. Commissioner Stone returned at 9:38 a.m. MCFR employees responding to the accident were able to stabilize the patient, delicately remove her from the wreckage where she was flown to Shands Teaching Hospital in Gainesville, Florida. Ms. Ingram is alive today due to their heroic actions and ability to remain calm, which directly impacted the patient's survival from this accident. Page 606, Book Y

5 Chief Banta played a short video outlining Ms. Ingram's accident, medical treatment and subsequent recovery. Chairman Bryant advised that she has also seen the video made by Shands Teaching Hospital regarding Ms. Ingrim's recovery and invited Ms. Ingram and her family to the podium. Ms. Ingram's father expressed his appreciation to MCFR for their commitment to the citizens of Marion County, noting the first responders have kept in touch to check on Nakia's progress. Lieutenant Stephen Johnson, MCFR, stated he glad to see recovered. was Ms. Ingram has Chairman Bryant expressed her appreciation to first responders that helped save Ms. Ingram's life. 2. GENERAL PUBLIC ITEMS: All members of the public wishing to speak during the "General Public" portion of the agenda will be limited to two (2) minutes to make their request or presentation and will be heard following scheduled requests, which are limited to five (5) minutes. For unscheduled requests, public comment request forms are available in the lobby. If the request or matter requires investigation by County staff, the Chairman will refer to staff for follow-up with the person making the request. 2A. Tammy Spears - Unsafe Community Situation Tammy Spears, SE 185th Terrace, Silver Springs, presented a 9 page handout relating to ongoing incidents occurring in her neighborhood and referred to the letter included in the handout, which was signed by 18 residents in her community. She advised that a man that has been living in a shed without a septic system since his trailer burnt down and referred to photos also included in the handout. Ms. Spears expressed concern for her safety and the safety of other residents in the community. Commissioner Moore left his seat at 9:50 a.m., but did not leave the auditorium and immediately returned to his seat. General discussion ensued. In response to Chairman Bryant, Growth Services Director Sam Martsolf advised that staff has visited the subject site at least twice last week, as well as yesterday. It is a zoning violation having those type of structures on a residential lot and staff will bring the matter before the Code Enforcement Board. He stated staff will coordinate efforts with the Department of Health (DOH). 2B. General Public Comment (Limited to 2 Minutes Each Speaker): Matthew Holland, SE 112th Lane, Belleview, referred to the BCC meeting held on Tuesday, October 2, 2018 regarding Agenda Item 7G10 (Debris Recovery Monitoring Services) as it relates to reimbursements from the Federal Emergency Management Agency (FEMA) in the event of a local disaster. In response to Chairman Bryant, Mr. Holland stated he works for Geo-Technologies, Inc., one of the companies that bid on the project. Mr. Holland expressed concern with the scoring process for this bid. In response to Commissioner Zalak, Procurement Services Director Susan Olsen advised of the right for a company to file a grievance as part of the Procurement Ordinance and the Department's Policies and Procedures. Staff sent out a Notice of Intent to all submitting vendors, which outlines the protest process. General discussion ensued. Book Y, Page 607

6 Ms. Olsen stated she will be glad to meet with Mr. Holland to discuss any concerns and answer any questions he may have regarding the process. Chairman Bryant advised that when it comes to federal contracts the county's hands are tied because it cannot give local preference. She noted it is potentially a large contract with a lot of money involved and the county cannot take any chances on not being reimbursed those dollars, which would be detrimental to the county. General discussion resumed. (Ed. Note: This matter was again discussed later in the meeting.) Henry Munoz, Marion Oaks Boulevard, addressed the Board regarding Items 7B1 and 7B2 and thanked the county for finding savings with these projects. He commented on Item 7E1, which will bring additional water availability to the Marion Oaks community. Mr. Munoz questioned Item 11D. Chairman Bryant advised that a public hearing is required to consider adoption of Resolutions authorizing use of the uniform method of collecting non-ad valorem assessments to be placed on the tax bills of those owning property within the affected area. Virginia Gayle, SW 39th Circle, expressed her appreciation for the savings found with Items 7B1 and 7B2. She noted Item 7E1 will help residents in the Marion Oaks community. Ms. Gayle commented on Item 1D and requested prayers for all first responders and military personnel. Roger Knechtel, SE 97th Terrace Road, Summerfield, addressed Amendment 1, which will be placed on the November 6, 2018 General Election ballot and expressed concern that non-homesteaded property owners pay more taxes and use less services than homesteaded property owners. 3. ADOPT THE FOLLOWING MINUTES: NONE 4. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES: 4A. Billy Woods, Marion County Sheriff - Request Approval to Delegate Sheriff William Woods as the "Submitting Government Official" Related to the 2018 SCAAP Grant Application The Board considered the following recommendation from Grants Coordinator Wendy Holland, Marion County Sheriff's Office (MCSO): Description/Background: The United States Department of Justice, through the Office of Justice Programs, has announced the availability of funding under the State Criminal Alien Assistance Program (SCAAP). SCAAP payments are made to units of local government that incur costs due to the incarceration of undocumented criminal aliens. The Marion County Sheriffs Office has applied for and received funding through this program in the past, which must be used for correctional purposes. In order to apply for funding under this program, it is requested that the Marion County Board of County Commissions delegate authority to the Marion County Sheriffs Office to prepare, submit, and sign all certifications pertaining to the application. A letter signed by Chairman of the Board designating Sheriff Woods as the "Submitting Government Official" is required as part of the application process. A sample from previous application cycles is attached. Page 608, Book Y

7 Recommended Action: Motion to designate Sheriff William Woods as the "Submitting Government Official" authorized to prepare, submit, and sign all certifications related to the 2018 SCAAP grant application. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to designate Sheriff William Woods as the "Submitting Government Official" authorized to prepare, submit, and sign all certifications related to the 2018 SCAAP grant application. The motion was unanimously approved by the Board (5-0). 4B. Billy Woods, Marion County Sheriff - Request Approval for the Chairman to Sign the Award Acceptance Documents for the Edward Byrne Memorial JAG Program - $62,737 The Board considered the following letter dated December 18, 2015 from Director of Human Resources Lisa Rice, MCSO: Description/Background: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. The US Department of Justice has made $62,737 available to Marion County which may be used for law enforcement programs, prosecution and court programs, technology improvements, and more. In years past, the Board has delegated application authority to the Sheriffs Office to prepare and submit the JAG grant application. The funds for the grant period will be requested to support the following programs: Marion County Sheriffs Office Offender Management Program ($50,190) The Marion County Sheriffs Office will utilize grant funds for overtime in the Sex Offender/Predator, SHIELD, and Career Offender Units. Overtime will be earned by officers conducting required checks, investigating violations, and registering offenders. Marion County 5th Judicial Court Veterans Treatment Court Program - $12,547 The Marion County Veterans Treatment Court (VTC) Program will utilize grant funds for drug screens which are required of participants enrolled in the program. Budget Impact: Grant revenue of $62,737. (No local match required) Recommended Action: Motion to authorize the Board Chair to sign the award acceptance document and initial each page of the special conditions. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to authorize the Board Chair to sign the award acceptance document and initial each page of the special conditions. The motion was unanimously approved by the Board (5-0). 5. CLERK OF THE CIRCUIT COURT: 5A. Request Adoption of the Following Budget Amendment Resolutions: Upon motion of Commissioner Moore, seconded by Commissioner Stone, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann: 5A1. 18-R-420 Fine & Forfeiture - F & F Transfers - $36,055 5A2. 18-R-421 Marion County Utilities Fund - Utilities - $115,012 5A3. 18-R-422 MSTU for Law Enforcement - Sheriff Patrol & CID - $36,055 5A4. 18-R-423 Parks and Recreation Fees Fund - Parks & Recreation Fees - $13,877 (Ed. Note: F&F is the abbreviation of Fine & Forfeiture; MSTU is the acronym for Municipal Service Taxing Unit; and CID is the acronym for Criminal Investigation Division.) Book Y, Page 609

8 6. PUBLIC HEARINGS: NONE 7. CONSENT: A motion to approve the Consent Agenda is a motion to approve all recommended actions. All matters on the Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion unless desired by a Commissioner. Upon motion of Commissioner Moore, seconded by Commissioner Stone, the Board acted on the Consent Agenda as follows: 7A. County Extension Service: 7A1. Request Approval of Reaffirmation Letter Between Marion County Board of County Commissioners and University of Florida for Continuation of Current Memorandum of Understanding (Budget Impact - Neutral, expenditure of $32,030 as approved in FY18/19 Budget) The Board accepted the following recommendation presented by Extension Services Director David Holmes: Description/Background: A Memorandum of Understanding was fully executed on April 22, 2014 between Marion County Board of County Commissioners and the University of Florida for the position of Community Resource Efficiency Agent. This letter serves to continue the agreement for the time frame of October 2, 2018 through September 30, This letter is required by the University of Florida. Budget/Impact: Neutral, expenditure of $32,030 as approved in FY18/19 budget. Recommended Action: Motion to approve reaffirmation letter and authorize Chairman to execute the same. 7B. Facilities Management: 7B1. Request Approval for the Marion County Jail Re-Roof, Pods A-F, Project Close Out (Budget Impact - None) The Board accepted the following recommendation presented by Facilities Management Director Jared Goodspeed: Description/Background: The Marion County Jail Re-Roof, pods A-F, project was overseen by Facilities Management with the Construction Manager being Ethridge Construction. The materials were purchased by Direct Owner Purchase from Siplast, Inc, with a tax savings of $22, The Board approved the project on March 21, 2017, and the final project cost was $1,224,079. The project is closing with a savings of $512. Budget/Impact: None; Facilities Management recommends that the $512 savings remain in fund balance. Recommended Action: Motion to approve the project close out with savings to remain in fund balance. 7B2. Request Approval of the Project Close-Out for Fire Station #17 Renovations (Budget Impact - None) The Board accepted the following recommendation presented by Facilities Management Director Goodspeed: Description/Background: Fire Station #17, Silver Spring Shores Renovations, a CIP Project (FRC002) was overseen by Facilities Management with the Construction Manager being Dinkins Constructions. The Board approved the Page 610, Book Y

9 project on February 20, 2018, for $150,000 and the final project cost for 12Q-055- PA-26 was $143,280. The project is closing with a savings of $6,720. Budget/Impact: None; Facilities Management recommends that the total cost savings of $6,720 remain in the fund balance. Recommended Action: Motion to approve close out of project with savings of $6,720 to remain in fund balance. Commissioner Moore expressed his appreciation to the Facilities Department for their hard work on this project. 7C. Human Resources: 7C1. Request Approval of the Reclassification of One (1) Firefighter to One (1) Fire Inspector within Marion County Fire Rescue (Budget Impact - Savings of $24,058) The Board accepted the following recommendation to adopt Resolution 18-R-424, as presented by Human Resources (HR) Director Amanda Tart: Description/Background: Marion County Fire Rescue (MCFR) Fire Prevention Division continues to experience an increase in the amount of requested fire inspections, fire plans to be reviewed, and fire investigative services. Many areas of Marion County are experiencing rapid growth and requests for inspections and plans review continues to increase each quarter. Several large projects are underway and fire prevention has been actively involved in providing services to the community. The World Equestrian Project, General RV, and the Villages Skilled Nursing facility are just a few of the many large projects currently under construction. Likewise, the Marion Oaks Commerce Park will increase inspections and plans review duties in the near future. In October 2017, Marion County Fire Rescue began providing fire response and fire prevention services to the City of Dunnellon. The inspection and plans review activities for this area has increased the workload in the department. Fire Prevention has provided final inspections on a new Publix in the City of Dunnellon that recently opened. This project is a success for the community and was a partnership between the City of Dunnellon and Marion County Fire Rescue to meet the business deadlines for opening. Due to the continued growth and need for services, the fire chief requests the reclassification of one firefighter position to one fire Inspector position to help maintain the current level of customer service to the businesses and citizens of Marion County. The employee in the reclassified position is working to obtain his fire inspector I certification, but has other experience that surpasses the minimum requirements for the position. The employee will be placed in the position at the base rate of the position and then given a 5% increase once he obtains his fire inspector I certification. The amount reflected on the agenda action table attached to this item shows the final amount after the 5% is awarded. Budget/Impact: Savings of $24,058. Recommended Action: Motion to approve the attached resolution and reclassification of one firefighter position to one fire inspector position within Marion County Fire Rescue (MCFR) Department. Resolution 18-R-424 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO RECLASSIFY ONE (1) FIREFIGHTER POSITION, PAY GRADE 401, TO ONE (1) FIRE INSPECTOR POSITION, PAY GRADE 16 WITHIN FIRE RESCUE BUDGET 3310; ALONG WITH Book Y, Page 611

10 THE CORRESPONDING JOB DESCRIPTION AND PAY GRADE WITHIN THE FIRE RESCUE BUDGET 3310, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. 7C2. Request Approval of Three Resolutions Reclassifying Job Descriptions in the Procurement Services, Information Technology and Growth Services (Code Enforcement) Department Budgets Based on Approved Changes in the FY18/19 Budget (Budget Impact - None) The Board accepted the following recommendation to adopt Resolutions 18-R-425, 18- R-426, and 18-R-427, as presented by HR Director Tart: Description/Background: As part of a continued effort to bring County positions up to competitive market rates the Human Resources Director and Fiscal Manager worked with Administration to adjust salaries and reclassify positions in the FY 18/19 budget. Attached for Board approval are the updated job descriptions and resolutions from the following departments: Growth Services, Information Technology and Procurement Services. Budget/Impact: None. Recommended Action: Motion to approve the attached resolution and reclassification of the job description changes in the Growth Services Information Technology and Procurement Services. Resolution 18-R-425 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, Reclassifying Three (3) Procurement and Contract Analyst Positions, Pay Grade 13 to Three (3) Procurement Contract Analyst Positions, Pay Grade 17, within the Procurement Services Budget 2530; Reclassifying One (1) Procurement and Contract Analyst Coordinator Position, Pay Grade 16, to One (1) Procurement Contract Analyst Coordinator Position, Pay Grade 18 Within Procurement Services Budget 2530; Reclassifying One (1) Procurement Assistant Director Position, Pay Grade 25, to One (1) Procurement Manager Position, Pay Grade 25 within Procurement Services Budget 2530; Reclassifying One (1) Project Coordinator I Position, Pay Grade 15, to One (1) Project Coordinator I Position, Pay Grade 18 within Procurement Services Budget 2530; Reclassifying Eight (8) Business Services Specialist Positions, Pay Grade 11, to Eight (8) Business Services Specialist Positions, Pay Grade 14 within Procurement Services Budget 2530; Reclassifying One (1) Business Services Coordinator Position, Pay Grade 13, to One (1) Business Services Coordinator Position, Pay Grade 18 within Procurement Services Budget 2530; Along with the corresponding job descriptions and pay grades within the Procurement budget 2530, and incorporating the foregoing actions into the Marion County Classification Plan. Resolution 18-R-426 is entitled: Page 612, Book Y

11 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, Reclassifying Six (6) Technology Support Specialist Positions, Pay Grade 5-15, To Six (6) Technology Support Specialist Positions, Pay Grade Within Information Technology Budget 2510; Reclassifying Two (2) Network System Analyst Position, Pay Grade 19, to Two (2) Network System Analyst Position, Pay Grade 22 Within Information Technology Budget 2510; Reclassifying One (1) Information Technology Security Officer Position, Pay Grade 21, to One (1) Information Technology Security Officer Position, Pay Grade 23 Within Information Technology Budget 2510; Reclassifying Two (2) Infrastructure Analyst Position, Pay Grade 20, to Two (2) Infrastructure Analyst Position, Pay Grade 23 Within Information Technology Budget 2510; Reclassifying Three (3) Business System Analyst Position, Pay Grade 21, to Three (3) Business System Analyst Position, Pay Grade 23 Within Information Technology Budget 2510; Reclassifying One (1) Senior Business System Analyst Position, Pay Grade 22, to One (1) Senior Business System Analyst Position, Pay Grade 24 Within Information Technology Budget 2510; Reclassifying One (1) Senior Infrastructure Analyst Position, Pay Grade 22, to One (1) Senior Infrastructure Analyst Position, Pay Grade 24 Within Information Technology Budget 2510; Reclassifying One (1) GIS Coordinator Position, Pay Grade 20, to One (1) GIS Coordinator Position, Pay Grade 22 Within Information Technology Budget 2510; Reclassifying One (1) Information Technology System Manager Position, Pay Grade 24, to One (1) Information Technology System Manager Position, Pay Grade 25 Within Information Technology Budget 2510; Reclassifying One (1) Purchasing and Inventory Coordinator Position, Pay Grade 10, to One (1) Purchasing and Inventory Coordinator Position, Pay Grade 14 Within Information Technology Budget 2510; Reclassifying One (1) GIS Programmer Analyst Position, Pay Grade 17, to One (1) GIS Programmer Analyst Position, Pay Grade 19 Within Information Technology Budget 2510; Reclassifying One (1) Information Technology Infrastructure Manager Position, Pay Grade 23, to One (1) Information Technology Infrastructure Manager Position, Pay Grade 25 Within Information Technology Budget 2510; Reclassifying One (1) Information Technology Application Manager Position, Pay Grade 23, to One (1) Information Technology Application Manager Position, Pay Grade 25 Within Information Technology Budget 2510; Along with the corresponding job descriptions and pay grades within the Information Technology budget 2510 and incorporating the foregoing actions into the Marion County Classification Plan. Resolution 18-R-427 is entitled: Book Y, Page 613

12 Reclassifying Ten (10) Code Enforcement Officer Positions, Pay Grade 5-13, to Ten (10) Code Enforcement Officer Positions, Pay Grade within Code Enforcement Department Budget 3440; Reclassifying Two (2) Code Enforcement Officer Positions, Pay Grade 5-13, to Two (2) Code Enforcement Officer Positions, Pay Grade with the Solid Waste Department Budget 4250; Reclassifying One (1) Code Enforcement Supervisor Position, Pay Grade 20, to One (1) Code Enforcement Supervisor Position, Pay Grade 21 Within Code Enforcement Department Budget 3440; Along with the corresponding job descriptions and pay grades within the Code Enforcement budget 3440 and the Solid Waste Budget 4250, and incorporating the foregoing actions into the Marion County Classification Plan. 7C3. Request Approval of the Reorganization Plan that Combines the Solid Waste Department and the Utilities Department into the Office of Environmental Services (Budget Impact - Expenditure of $37,108) County Administrator Bouyounes advised that the following recommendation presented by HR Director Tart was withdrawn: Description/Background: Under the direction of the Assistant County Administrator, Angel Roussel, PE, Human Resources has assisted in finalizing a reorganization plan including the Solid Waste and Utilities departments merging into the newly named Office of Environmental Services. The goal of this proposed reorganization is to establish a succession plan for the Solid Waste Director (due to retire 05/31/19), elevate customer service, streamline operations and promote cross-training by creating a single collaborative department. In addition, the Office of Environmental Services (OES) would be able to share resources for much needed engineering support to two highly technical areas within the public works division. In addition, the focus of the Solid Waste Department will be changing with the closure of the Baseline Landfill. The Baseline location's main operational focus will change from receiving and landfilling waste to receiving and transferring waste. The regulatory compliance of the closed landfills will remain as a responsibility of the Office of Environmental Services. In order to successfully manage this new department, two new upper level management positions have been created while several other positions have been reclassified to reflect the merging of the departments and the position responsibilities. Additionally, two Solid Waste positions will be deleted and the responsibilities will be absorbed by the Office of Environmental Services. The first is the Financial Manager position in Solid Waste which is currently vacant and its responsibilities will be absorbed by the Environmental Services Fiscal Manager. The second position (Solid Waste Director) will be deleted after the May 31, 2019 retirement of the incumbent with the duties of the position being absorbed by the Environmental Services Director and the Environmental Services Deputy Director. Environmental Services Director HR, along with ACA Angel Roussel, have created a director position that will be able to successfully oversee the Office of Environmental Services (OES). The position will hold ultimate responsibility for the direction of Solid Waste and Utilities Page 614, Book Y

13 decisions. The attached job description outlines the requirements of the position. The Environmental Services Director will be paid 50/50 between the Solid Waste and Utilities budgets. (The Utilities Director position will be absorbed by this position.) Environmental Services Deputy Director This position will support the director as well as be able to step into the role of the director when needed. The deputy director will be an integral part of communicating and implementing decisions made by the director. The deputy will be paid 50/50 between the Solid Waste and Utilities budgets. (The Solid Waste director position will be deleted on May 31, 2019.) Environmental Services Business Manager This position title has changed to reflect the responsibilities of the position within OES. This position will be the business manager for both the Solid Waste and Utilities portions of the OES. The revised job description is attached. (The position is currently the Utilities Business Manager.) Environmental Services Fiscal Manager This position title has changed to reflect the responsibilities of the position within OES. This position will manage the budget and finances for both Solid Waste and Utilities within the OES. (The position is currently the Utilities Budget and Financial Specialist.) Environmental Services Engineering Manager This position title has changed to reflect the responsibilities of the position within OES. The Environmental Services Engineering Manager will oversee the personnel that, after the reorganization, offer engineering and construction services to both the Solid Waste and Utilities portions of the OES. (The position is currently the Utilities Engineering Manager.) Environmental Services Engineer This position title has changed to reflect the responsibilities of the position within the OES. This position will offer services to both the Solid Waste and Utilities portions of the OES. This position will be a direct report to the Environmental Services Engineering Manager. (The position is currently the Utilities Engineer.) Mapping and Asset Specialist This is a new position that reflects the growing need of updating and adding specific asset information in the geographical information systems that supports the needs of the OES. (The position is currently an Engineering Manager I.) Engineering Project Manager I This pay grade for this position is being changed from 17 to 19 to align with pay grade changes approved in January 2018 for the same positions in the Office of the County Engineer. There is no impact to salary, as the incumbent is within the new pay grade range. Solid Waste Administrative Supervisor This position title has changed to reflect the responsibilities of the position within the Office of Environmental Services. They will still offer excellent customer service while overseeing the administrative needs of Solid Waste. (This position is currently the Solid Waste Administrative Manager.) Budget/Impact: Expenditure of $37,108 (net decrease of $4, in the Solid Waste Department 4230 budget; net increase of $41, in the Utilities Department 7130 budget). Book Y, Page 615

14 Recommended Action: Motion to approve the reorganization plan combining the Solid Waste and the Utilities departments into the Office of Environmental Services. 7D. Parks and Recreation: 7D1. Request Approval to Close Out the Coehadjoe Park Courts Project (Budget Impact - Neutral) The Board accepted the following recommendation presented by Parks Director/ Landscape Architect Jim Couillard, PLA, ASLA: Description/Background: The Coehadjoe Park Courts Project (PRC004) have been completed with the addition of eight new designated pickleball courts. This project was managed by Parks & Recreation and the completed project cost was $ 361,691. This resulted in a savings of $ 14,501 in the Parks & Recreation Fees Fund. Budget/Impact: None. Recommended Action: Motion to authorize the Budget Office to close out the Coehadjoe Park Courts Project. 7E. Procurement Services: 7E1. Request Approval of Bid Award: 18B-208, Marion Oaks Water Treatment Plant 4 Upgrade - Sawcross, Inc. - Jacksonville, FL (Budget Impact - Neutral; expenditure of $1,423,000 as approved in FY 18/19 budget) The Board accepted the following recommendation presented by Procurement Services Director Susan Olsen: Description/Background: On behalf of Marion County Utilities (MCU), Procurement advertised a bid to add a new well and replace the high service pumps at the Marion Oaks Water Treatment Plant #4. The project also includes constructing a new motor control center building to separate electrical equipment from mechanical equipment. When complete, the improvement will support proposed development and projected fire flow demands, and provide additional redundancy to the entire Marion Oaks system. Four (4) contractors submitted bids; the tabulation appears below: Firm Name - City Bid Sawcross, Inc. - Jacksonville $ 1,423,000 RTD Construction, Inc. - Zephyrhills $ 1,523,512 L7 Construction, Inc. - Sanford $ 1,532,977 SGS Contracting Services, Inc. - High Springs $ 1,587,000 The low bid is slightly over the estimated $1.4 million budget, and Acting Utilities Director, Bob Titterington recommends Sawcross for the award after staffs preaward meeting. Attached for review is a contract draft; pending approval at today's meeting, it will be sent to Sawcross for signature and upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; project shall not exceed $1,423,000; up to ten percent (10%) contingency has been requested as allowed by the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with Sawcross, Inc., the lowest responsive, responsible bidder for 18B-208. Page 616, Book Y

15 7E2. Request Approval for Task Order for Civil/Site Engineers for Miscellaneous Projects: 15Q-051-TO-99, Heagy Burry Park Improvements - Kimley-Horn and Associates, Inc., Ocala, FL (Budget Impact - Neutral; expenditure of $54,520 as approved in FY 18/19 budget) The Board accepted the following recommendation presented by Procurement Services Director Olsen: Description/Background: During the. May 19, 2015 BCC meeting, the Board approved contracts with ten (10) engineering firms to provide various services for the County under 15Q-051. Firms can be selected based on area of specialty or on a rotating basis. In May, 2014, Marion County Parks and Recreation (MCPR) selected Kimley-Horn and Associates, Inc. (KHA) to develop plans for Heagy Burry waterfront improvements, however due to the increase in construction costs since then, MCPR requires KHA to revise its original plans. At its first FY 18/19 budget hearing, the Board directed MCPR to proceed with the improvement project at Heagy-Burry since grant funding from FWC has been awarded and the agency has allocated additional funding towards construction. The Board also directed MCPR to work with KHA to provide up-to-date construction estimates, and revise the construction plans to indicate phasing of the project to align the work with the available funding. A copy of KHA's complete scope of work is attached for review and includes revising the construction cost estimate, plan revision and permitting, construction phase services through the project's closeout. If the task order is approved today, the scope will become part of the project file and backup to the purchase order. Budget/Impact: Neutral; expenditure shall not exceed $54,520 as approved in the FY 18/19 budget. Recommended Action: Motion to approve recommendation and authorize staff to issue the purchase order for 15Q-051-TO-99 for the Heagy Burry Improvements task order. 7E3. Request Approval of Bid Award: 19B-005 Rainbow Lakes Estates Tree Trimming and Tree Removal ZONE 2 - Vieau's Tree Service, LLC, Dunnellon, FL (Budget Impact - Neutral; Expenditure of $94,500 as approved in FY 18/19 budget) The Board accepted the following recommendation presented by Procurement Services Director Olsen: Description/Background: On behalf of Marion County MSTU/Assessment, ProcureMent advertised a bid for tree trimming and tree removal along roads in an area designated as Zone 2 in the Rainbow Lakes Estates Subdivision (RLE). The low bid was determined to be non-responsive following detailed review by the MSTU/Assessment Director, Shawn Hubbuck, of the information submitted by CDR2. Vieau's Tree Service was the lowest bid from a responsive, responsible bidder. The MSTU Assessment Director has confirmed that Vieau's Tree Service understands the scope of work for the project and is able to provide the required bonds. The vendor will trim and remove all trees back to the edge of the right of way, approximately 16' from the edge of pavement with a minimum of 25'-30' in height. All trees determined to be in the right of way will be saw cut flush to the ground; no stump grinding required. In improved areas only (in front of homes), the minimum clearance will be 18' for trees that require trimming and overhang the roadway. All debris will be removed by the vendor within 48 hours from time it was Book Y, Page 617

16 cut and roads will be swept clean daily in areas where work is performed. This will be a 60-day project from Notice to Proceed. Vieau's Tree Service is currently working on Zone 1 at RLE and has received excellent reports from the MSTU Maintenance Supervisor at RLE and the Project Manager. Zone 1 is expected to be completed on schedule. Work on Zone 2 can begin immediately following Zone completion. Firm Name City, State Bid CDR2 LLC Umatilla, FL * $ 88, Vieau's Tree Service, LLC Dunnellon, FL $ 94, Hammock Tree Service, LLC Dunnellon, FL $ 177, ADFS, LLC Chipley, FL $ 199, Marathon Resource Management Group Ashland, VA * $ 300/tree *Non-Responsive Bids Attached for review is a contract draft; pending approval at today's meeting, it will be sent to Vieau's Tree Service, LLC for signature and, upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; project shall not exceed $94,500, the full contract value of the bid from Vieau's Tree Service. Up to ten percent (10%) contingency may be added to the purchase order per the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue contract to Vieau's Tree Service, LLC, and upon approval by Legal, authorize the Chairman to execute the contract under bid 19B E4. Request Approval of Contract Renewal: 15P-111, Fence Line Herbicide Spraying in County Drainage Retention Areas (DRAs) EarthBalance Corporation, North Port, FL (Budget Impact - Neutral; annual expenditure of $65,000 as approved in FY 18/19 budget) The Board accepted the following recommendation presented by Procurement Services Director Olsen: Description/Background: On June 2, 2015, the Board approved a contract with EarthBalance Corporation for fence line spraying in the County's DRAs. The firm has complied with all terms and conditions of the contract which included renewal options for up to four (4) annual terms. With receipt of a positive evaluation by the Office of the County Engineer (OCE), and acceptance of the renewal request by EarthBalance, Procurement is presenting OCE's request for the fourth renewal term, ending October 31, Attached for review, is a draft of the contract amendment. Upon approval, it will be sent to EarthBalance for execution, as written, and, upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; expenditures shall not exceed $65,000 annually. Recommended Action: Motion to approve contract renewal and allow staff to issue contract, and upon approval from Legal, authorize the Chairman to execute the fourth contract amendment with EarthBalance. 7E5. Request Approval for Task Order for Pre-Qualified Landfill Gas Collection and Control Repair, Modification, Maintenance and Installation: 17Q-001-TO-02 Baseline Landfill Leachate Management and Disposal - G2 Energy (Marion) LLC, Boise, ID (Budget Impact - Neutral; Expenditure of $425,000 as approved in FY 18/19 budget) Page 618, Book Y

17 The Board considered the following recommendation presented by Procurement Services Director Olsen: Description/Background: On behalf of Marion County Solid Waste Department, Procurement is presenting a Task Order for management and disposal of leachate at Baseline Landfill by G2 Energy (Marion) as a Pre-Qualified vendor under 17Q The contract to provide services under this agreement was approved by the Board during the December 20, 2016 meeting. G2 Energy was selected based on their area of specialty. Baseline Landfill leachate treatment equipment will be installed at no cost to the County to utilize the waste heat energy produced by the landfill gas generators at the G2 Energy power plant located at the Baseline Solid Waste Facility. In this process, leachate will be cleaned and separated into solid and liquid components. The liquid component of leachate produced by the process will be converted to steam from heat energy from the generators' exhaust system. The solid leachate component produced by the process will be pressed into a cake and disposed of by G2 Energy in accordance with all applicable laws and regulations regarding solid waste. G2 will begin leachate processing as soon as the equipment is installed and operational, with a target date of May 31, Solid Waste Director, Mike Sims, requests award to G2 Energy (Marion) LLC of Task Order 17Q-001-TO-02. Attached for review is the draft contract and site location map. Pending approval at today's meeting, it will be sent to G2 Energy (Marion) LLC for signature and, upon return, will be forwarded for the County Attorney, Clerk and Chairman's signatures. Budget/Impact: Neutral; expenditure shall not exceed $425,000 as approved in the FY18/19 budget. Recommended Action: Motion to approve recommendation and allow staff to issue contract to G2 Energy (Marion) LLC, and upon approval by Legal, authorize the Chairman to execute the contract under Task Order 17Q-001-TO-02. County Administrator Bouyounes advised of several revisions to the proposed contract, noting the company is working on a new process at the Baseline Landfill at no additional cost to the county. The revised contract allows the company to process leachate through their plant located at the landfill. Substantive changes from the originally published document include: 1) specify proper disposal of leachate and byproducts (3(c)); 2) specify remedy for odor complaints (4); 3) add language related to G2's leachate meter (4); and 4) modify insurance requirements (8). Commissioner Zalak questioned the remedy for odor control and whether the county will participate in the profits relating to the process of converting the waste. Mr. Bouyounes stated the county will not participate in the profits under this contract. ACA Angel Roussel, clarified that staff does not anticipate any issues with odor, but if they occur then operations will stop, and odors will be mitigated before operations can resume. In terms of profits, this is a pilot project and the company does not expect to turn a profit. Office Manager George White, Solid Waste Department, introduced Mark Bartow, G2 Energy (Marion) LLC, who is present to answer any questions. Mark Bartow, G2 Energy (Marion) LLC, Mace Road, Eagle, Idaho, noted G2 Energy operates the waste-to-energy plant at the Baseline Landfill. He advised that the company does not have a profit built into the pilot project at this time, noting the estimated cost of the project is $800,000 for installation of the equipment. Mr. Bartow stated once the company understands the operating costs involved, there is a potential that the county Book Y, Page 619

18 may save money. He provided an overview of the technology involved in the process and noted a patent is pending. Mr. White advised that once the landfill is capped, the leachate generation rate stays constant for approximately 5 years and the number will taper off and the county can go back to its traditional hauling of the waste to a waste water treatment plant. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to approve the revised Agreement and issue a contract with G2 Energy (Marion), LLC, and upon approval by Legal, authorize the Chairman and Clerk to execute the contract under Task Order 17Q-001-TO-02. The motion was unanimously approved by the Board (5-0). 7E6. Request Approval to Negotiate with Second-Ranked Firm: 18P-005, Third Party Merchant Fees - First Billing, Inc., Miamisburg, OH (Budget Impact - None) The Board accepted the following recommendation presented by Procurement Services Director Olsen: Description/Background: Procurement advertised an RFP in October 2017 seeking a firm to propose a solution compatible with the County's contracted ERP provider (Tyler) for accepting and processing credit/debit card payments. The Selection Committee, consisting of Mike McCain, Nancy Jarvis, Rita Wilemon, and Mike Adams, evaluated 12 responses and short-listed First Billing Services, LLC, Point & Pay, LLC arid Paymentus Corporation for interviews/presentations, of which Paymentus ranked the highest. After several months of discussion, testing, and reference checks, Staff is unable to negotiate a successful agreement with Paymentus. First Billing Services is Utilities' interim credit card processing provider. Staff requests to negotiate a contract that will perform similar services for all end user departments arid will effectively integrate with Tyler. The negotiated contract will be brought back to the Board for approval. Budget/Impact: None. Recommended Action: Motion to approve Staff to begin negotiations with second ranked First Billing under 18P E7. Request Approval for Purchases $50,000 and Over The Board accepted the following recommendation presented by Procurement Services Director Olsen: Description/Background: The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement Code/Manual, pending approval at today's meeting: Purchase Order /Fort Bend Services, Inc. Marion County Utilities requests approval to purchase dewatering polymer for three centrifuge systems during FY 18/19. The procurement is in accordance with BCC Standardization 12ST-223. Total estimated annual expenditure $72,000; funds available in account Purchase Order /Sunstate Meter & Supply Inc. Marion County Utilities requests approval to purchase water meters during FY 18/19. The procurement is in accordance with BCC Standardization 07ST-097. Total estimated annual expenditure $350,000; funds available in account Purchase Order /Emergency One Inc. Fire-Rescue requests approval to purchase one (1) Typhoon Engine Level 1 Custom Pumper, Cummins L9, 330HP Page 620, Book Y

19 with engine cooling package, push button transmission shift selector, 780 gal. "T" water tank, and 30 gal. integral foam tank. Florida Sheriff's Association Contract FSA18-VEF13.0. Total cost of $445,305 which includes a manufacturer's discount of $35,881 and a negotiated $13,000 pre-payment discount, funded from line (Infrastructure Sales Tax Budget). Purchase Order /Emergency One Inc. Fire-Rescue requests approval to purchase One (1) Typhoon X Ladder Truck, HP78 Quint, Cummins L9, 450HP with engine cooling package, 500ga1. "T" water tank, 30 gal. integral foam tank and 2001 Hypro/FoamPro foam system. Florida Sheriff's Association Contract FSA18- VEF13.0. Total cost of $763,664 which includes a manufacturer's discount of $61,031 and a negotiated $30,000 pre-payment discount; funded from line (Infrastructure Sales Tax Budget). Purchase Order /Emergency One Inc. - Fire-Rescue requests approval to purchase One (1) Typhoon Squad Heavy Rescue Vehicle, Cummins L9, 450HP with engine cooling package, Harrison 10KW MCR Hydraulic Generator, Back-Up camera and Light Package. Florida Sheriff's Association Contract FSA18- VEF13.0. Total cost of $556,946 which includes a manufacturer's discount of $85,613 and a negotiated $16,700 pre-payment discount; funded from line (Infrastructure Sales Tax Budget). Purchase Order /ETR LLC - Fire-Rescue requests approval to purchase six (6) 2019 Chevy 4500 AEV Custom Ambulances with graphics package. Total cost of $1,190,646, which includes a negotiated $23,814 pre-payment discount. This purchase will be funded from line (Infrastructure Sales Tax Budget). Recommended Action: Motion to approve purchases $50,000 and over. 7F. Transportation - County Engineer: 7F1. Request Approval of a New Lease and Supersede Agreement Between Marion County and the Florida Department of Environmental Protection, Division of Recreation and Parks Associated with Parcel # (Budget Impact - None) The Board accepted the following recommendation presented by County Engineer Tracy Straub, Office of the County Engineer (OCE): Description/Background: Marion County owns 220 acres (parcel # ) within the property operated as Silver Springs State Park and leases this property to the Florida Department of Environmental Protection (FDEP), Division of Recreation and Parks. A new lease and supersede agreement has been requested to adjust the term of the lease to be equal to the lease (#3488 between FDEP and the Board of Trustees of the Internal Trust Fund of the State of Florida) for the adjacent state park lands. As with the previous lease, this lease is subject to compliance with the Florida Communities Trust ("FCT") Grant Program. Budget Impact: None. Recommended Action: Motion to approve the new lease and supersede agreement between Marion County and the Florida Department of Environmental Protection, Division of Recreation and Parks and to authorize the Chair and Clerk to execute the same. Book Y, Page 621

20 7F2. Request Approval of a Resolution and Deed from Marion County to the City of Ocala Conveying Two (2) Parcels of Land that Escheated to Marion County Due to Delinquent Taxes, Pursuant to Florida Statute (3) (Budget Impact - None) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to approve a Resolution and Deed from Marion County to the City of Ocala conveying two (2) parcels of land that escheated to Marion County due to delinquent taxes. The County has no current or future statutory prescribed use for these parcels which are located within the City of Ocala municipality. The conveyance is in accordance with Florida Statute (3) which states that the County shall convey to the governing board of the municipality in which the land is located any lands acquired by the County for delinquent taxes which have not been previously sold, acquired for infill housing or dedicated by the Board of County Commissioners. Budget Impact: None. Recommended Action: Motion to approve the Resolution and Deed conveying two (2) parcels of land that escheated to Marion County due to delinquent taxes and authorize the Chair and Clerk to execute the same. Resolution 18-R-428 is entitled: A RESOLUTION AUTHORIZING THE CONVEYANCE OF LANDS ACQUIRED BY MARION COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR DELINQUENT TAXES TO THE CITY OF OCALA, A FLORIDA MUNICIPAL CORPORATION. 7F3. Request Approval of a Resolution to Vacate a Portion of the Plat of Reynolds Subdivision, First Addition, as Recorded in Plat Book R, Page 131 (Budget Impact - Revenue of $350) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request for approval of a resolution by Petitioner Clarise Hodges Revocable Trust to vacate Tract 'A' of Reynolds Subdivision, First Addition as Recorded in Plat Book R, Page 131 aka Parcel # Vacating Tract A' will remove the platted reservation as a water supply area and enable the property to be utilized as a residential site. This request was considered by the Development Review Committee (DRC) on September 10, 2018 and it was the Committee's recommendation that the petition be granted. Budget Impact: Revenue of $350 - Plat Vacate Recommended Action: Motion to adopt the resolution to vacate Tract 'A' of Reynolds Subdivision, First Addition as Recorded in Plat Book R, Page 131 aka Parcel # , and to authorize the Chair and Clerk to execute the same. Resolution 18-R-429 is entitled: RESOLUTION TO VACATE A PORTION OF PLAT OF REYNOLDS SUBDIVSION, FIRST ADDITION AS RECORDED IN PLAT BOOK 'R' PAGE 131 PUBLIC RECORDS OF MARION COUNTY, FLORIDA. 7G. Parcels to Declare as Surplus and Authorize Staff to Proceed with the Sale (34 Parcels): Page 622, Book Y

21 7G1. Parcel # , Lake View Manor, Recorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $751) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $751 plus closing costs. Budget/Impact: Sale of Surplus Land $751. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G2. Parcel # , Meadows Unit 3, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $676) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $676 plus closing costs. Budget/Impact: Sale of Surplus Land $676. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G3. Parcel # , Meadows Unit 3, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $676) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $676 plus closing costs. Budget/Impact: Sale of Surplus Land $676. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G4. Parcel # , Meadows Unit 3, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $511) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $511 plus closing costs. Budget/Impact: Sale of Surplus Land $511. Book Y, Page 623

22 Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G5. Parcel # , Meadows Unit 11, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G6. Parcel # , Mill Creek Campsites 3, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $451) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $451 plus closing costs. Budget/Impact: Sale of Surplus Land $451. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G7. Parcel # , Sportman's Haven, Unit 2, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G8. Parcel # , Rainbow Lakes Estates, Sec I, Recorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $867) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Page 624, Book Y

23 Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $867 plus closing costs. Budget/Impact: Sale of Surplus Land $867. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G9. Parcel # , Rainbow Park Unit 5, Recorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G10. Parcel # , Boardman, Recorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $500) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $500 plus closing costs. Budget/Impact: Sale of Surplus Land $500. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G11. Parcel # , Sampsons Sub of Block 4 Boardman, Recorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $651) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $651 plus closing costs. Budget/Impact: Sale of Surplus Land $651. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. Book Y, Page 625

24 7G12. Parcel # , Sampsons Sub of Block 4 Boardman, Recorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $551) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $551 plus closing costs. Budget/Impact: Sale of Surplus Land $551. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G13. Parcel # , Big Scrub Campsites, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G14. Parcel # , Big Scrub Campsites, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G15. Parcel #5020-0:32-022, Big Scrub Campsites, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $667) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $667 plus closing costs. Budget/Impact: Sale of Surplus Land $667. Page 626, Book Y

25 Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G16. Parcel # , Forest Lake Campsites, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G17. Parcel # , Forest Lakes Campsites, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G18. Parcel # , Eureka Forest Campsites Sec 1, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G19. Parcel # , Metes and Bounds, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $467) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Book Y, Page 627

26 Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $467 plus closing costs. Budget/Impact: Sale of Surplus Land $467. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G20. Parcel # , Silver Springs Campsites, Unrecorded, Unimproved, American Homestead Properties, LLC (Budget Impact - Revenue of $567) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and American Homestead Properties, LLC, in the amount of $567 plus closing costs. Budget/Impact: Sale of Surplus Land $567. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G21. Parcel # , Meadows, Unit 2, Unrecorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $2,115) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $2,115 plus closing costs. Budget/Impact: Sale of Surplus Land $2,115. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G22. Parcel # , Meadows, Unit 4, Unrecorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $456) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $456 plus closing costs. Budget/Impact: Sale of Surplus Land $456. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. Page 628, Book Y

27 7G23. Parcel # , Citra Highlands, Recorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $2,111) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $2,111 plus closing costs. Budget/Impact: Sale of Surplus Land $2,111. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G24. Parcel # , Sportman's Haven, Unit 3, Unrecorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $256) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $256 plus closing costs. Budget/Impact: Sale of Surplus Land $256. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G25. Parcel # , Sportman's Haven, Unit 5, Unrecorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $256) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust, in the amount of $256 plus closing costs. Budget/Impact: Sale of Surplus Land $256. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G26. Parcel # , Lake Weir Heights 1st Add, Recorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $1,556) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Book Y, Page 629

28 Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $1,556 plus closing costs. Budget/Impact: Sale of Surplus Land $1,556. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G27. Parcel #5020-C)29-029, Big Scrub Campsites, Unrecorded, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $356) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $356 plus closing costs. Budget/Impact: Sale of Surplus Land $356. Recommended Action: Motion to approve the request.to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G28. Parcel # , Silver Springs Shores, Unit 9, Recorded, Unimproved, ACTDT Brown, LLC (Budget Impact - Revenue of $1,777) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and ACTDT Brown, LLC, in the amount of $1,777 plus closing costs. Budget/Impact: Sale of Surplus Land $1,777. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G29. Parcel # , Silver Springs Shores, Unit 17, Recorded, Unimproved, ACTDT Brown, LLC (Budget Impact - Revenue of $2,888) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and ACTDT Brown, LLC, in the amount of $2,888 plus closing costs. Budget/Impact: Sale of Surplus Land $2,888. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. Page 630, Book Y

29 7G30. Parcel # , Silver Springs Shores, Unit 32, Recorded, Unimproved, ACTDT Brown, LLC (Budget Impact - Revenue of $1,013) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and ACTDT Brown, LLC, in the amount of $1,013 plus closing costs. Budget/Impact: Sale of Surplus Land $1,013. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G31. Parcel # , Metes and Bounds, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $456) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $456 plus closing costs. Budget/Impact: Sale of Surplus Land $456. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G32. Parcel # , Metes and Bounds, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $556) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $556 plus closing costs. Budget/Impact: Sale of Surplus Land $556. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G33. Parcel # , Metes and Bounds, Unimproved, ACTDT Brown, LLC (Budget Impact - Revenue of $2,017) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and ACTDT Brown, LLC, in the amount of $2,017 plus closing costs. Budget/Impact: Sale of Surplus Land $2,017. Book Y, Page 631

30 Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 7G34. Parcel # , Metes and Bounds, Unimproved, Joe C. Brown, as Trustee of Jocalbro Inc. Profit Sharing Plan Trust (Budget Impact - Revenue of $1,556) The Board accepted the following recommendation presented by County Engineer Straub, OCE: Description/Background: This is a request to declare Parcel # as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Joe C. Brown, as Trustee of Jocalbro, Inc. Profit Sharing Plan Trust, in the amount of $1,556 plus closing costs. Budget/Impact: Sale of Surplus Land $1,556. Recommended Action: Motion to approve the request to declare Parcel # as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same. 8. COUNTY ATTORNEY: 8A. Request Approval of the Qualified Purchaser Agreement and Release for CFI Venture, LLC, Related to the Ocala/Marion County Commerce Park Project County Attorney Matthew G. Minter, Legal, presented the following recommendation: Description/Background: CFI Venture, LLC, a Delaware Limited Liability Company ("CFI"), is planning to acquire a 50 acre site from the Ocala 489 property, and to make a capital investment in that property of over $40 million dollars. CFI is seeking designation as a "Qualified Purchaser" pursuant to Section 10 of the Master Developer Agreement, but their project does not satisfy the specific criteria of Section 10. CFI is requesting the City of Ocala and Marion County to nevertheless designate their purchase and project as a Qualified Purchaser, in recognition of the large capital investment they will be making and the jobs their project is expected to generate. They are also requesting the City and County to execute a Release indicating that they will not assume any obligations of Ocala 489 with respect to infrastructure improvements for the overall site. They are seeking these actions from the City and County as a further inducement for them to complete the purchase and sale agreement regarding the project site, and to begin their project. See attachments A and B for the Qualified Purchaser Agreement, and the Release document. Budget/Impact: None. Recommended Action: Motion to approve the Qualified Purchaser Agreement and the Release document, and to authorize Chairman to execute same. Mr. Minter advised that the Master Development Agreement the county entered into with Ocala 489 had some requirements for what would be considered a "Qualified Purchaser", one of which was the acquisition of 100 acres or more, noting this particular site is only 50 acres. Another criterion relates to the value of the capital investment in the property, which this site also does not measure up to; however, this is a very significant capital investment for both Marion County and the 489 property. He advised that the Master Development Agreement provides that the BCC and City Council has the option of making a determination that even if the company did not satisfy those specific criteria that the Page 632, Book Y

31 Board can still qualify it as a "Qualified Purchaser", which is the purpose of the proposed Agreement. Mr. Minter stated the company would not close on the property if it does not obtain a designation as a "Qualified Purchaser". Commissioner Moore stated the project has over 600,000 square feet (sf) of warehouse space and will make a significant impact on the local economy. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to approve and execute the Qualified Purchaser Agreement CFI Venture, LLC [Ocala/Marion County Commerce Park Project] and Release CFI Venture, LLC [Ocala/Marion County Commerce Park Project] with Ocala 489, LLC, CFI Venture, LLC, and the City of Ocala. The motion was unanimously approved by the Board (5-0). In response to Chairman Bryant, Mr. Bouyounes stated there is still one more 20 acre parcel left. 9. COUNTY ADMINISTRATOR: 9A. Administrative Updates County Administrator Mounir Bouyounes, Administration, stated he has a couple of updates this morning. Mr. Bouyounes advised that the first update relates to Hurricane Michael, noting MCFR Task Force 8 has been deployed to the panhandle. The county has also received a request for Emergency Communication Dispatchers and a unit of 3 personnel will be deployed to the panhandle this afternoon and will be stationed in Gulf County. UPDATE: Mr. Bouyounes stated at the last meeting the Board discussed and approved the Public Safety Coordinating Council, noting a liaison needs to be appointed to the Council and requested Administration be the liaison with ACA Jeannie Rickman as the coordinator for the Department. It was the general consensus of the Board to concur. 9B. Request Consideration to Partner with the Ocala/Marion County Chamber and Economic Partnership (CEP) and the City of Ocala Regarding the Regional Air Passenger Service Studies County Administrator Bouyounes, PE, Administration, presented the following recommendation: Description/Background: The CEP has recently partnered with the Gainesville Area Chamber of Commerce on a joint task force studying Air Passenger Service in our region. A letter from CEO/President Kevin Sheilley is attached providing more information about these efforts. The County is requested to partner with the CEP and the City of Ocala to participate in funding part of the cost. The amount being requested is $6,500. Staff requests consideration and direction pertaining to this request. If the Board desires to fund the requested $6,500, staff recommends bringing a budget amendment item to a future meeting to transfer the funds from the Board's Professional Services line item ( ) to the CEP's Aid to Private Organizations line item ( ). The money would be paid directly to the CEP for them to coordinate with the other task force partners funding these studies. Budget/Impact: Expenditure of $6,500. Recommended Action: Motion to approve the attached request. Book Y, Page 633

32 Mr. Bouyounes advised that the request is for the county to partner with the CEP and the City of Ocala to fund 10% of the cost relating to a Regional Air Passenger Services Study to determine whether it is feasible for a regional airport between Gainesville and Ocala. The data can also be utilized by the CEP and Marion County to better strategize for future growth. Chairman Bryant advised that she attended a meeting with all partners involved and opined that it will be money well spent. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to partner with the CEP and City of Ocala to participate in funding part of the cost as requested. The motion was unanimously approved by the Board (5-0). 9C. Request Approval of Selection Committee Recommendation: 18P-149, Debris Management Options - Debris Recovery Monitoring Services - TetraTech - Maitland, FL County Administrator Mounir Bouyounes, PE, Administration, presented the following recommendation from Procurement Services Director Olsen: Description/Background: On behalf of the Office of the County Engineer, a Request for Proposals (RFP) was advertised to contract with a qualified firm for debris management monitoring in the event of a local natural disaster. Four (4) submittals were received and through proposal evaluations and scoring, the Selection Committee (Suzie Futch, Mike McCain, and George White) conducted interviews with all firms; the ranking is shown below. FIRM City, State SCORE RANK Tetra Tech, Inc. Pasadena, CA True North Emergency Mgmt, LLC Arlington, TX Geo-Technologies, Inc. Ocala, FL Witt O'Briens, LLC Washington, DC The term of this contract will run concurrent with the County's other disaster contracts, through September 30, Pending mutual agreement and Board approval, a five (5) year renewal option may be exercised. Attached for review is a draft contract; pending approval today, it will be sent to the contractor for execution as written, and upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. During the October 2, 2018 meeting, the Board tabled action on this item for staff to review the Stafford Act as it relates to local preference. A memo showing findings from the County Attorney's office has been included with the backup materials for review. Budget/Impact: None; approval of this item carries no immediate budget impact; if/when services are required, actual costs will vary depending on the type of disaster and extent of damage that occurs in the County. Recommended Action: Motion to approve recommendation and allow staff to issue contracts, and upon approval by Legal, authorize the Chairman to execute contract with Tetra Tech, LLC under RFP 18P-149. Mr. Bouyounes advised that per previous Board direction, the Legal Department has reviewed the Stafford Act to verify whether or not there is any opportunity for local preference through FEMA contracts. After full review, the County Attorney's Office has determined that the county cannot provide a local preference as part of its Request for Proposals (RFP) process in this matter. Page 634, Book Y

33 Chairman Bryant advised of her preference to make this a 2 year contract, which allows time for everyone to get a better understanding of the process. General discussion ensued. Mr. Bouyounes stated the RFP was advertised for a 5 year timeframe; however, if the Board prefers a 2 year contract, staff will go back to the company for approval. He noted if the company does not agree, staff will bring the matter back for Board consideration. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to approve and execute contracts for 2 Years, upon approval by Legal, with Tetra Tech, LLC, pursuant to RFP No. 18P-149. The motion was unanimously approved by the Board (5-0). WALK-ON: Request Approval of the Initial Phase of the Reorganization Plan that Combines the Solid Waste Department and the Utilities Department into the Office of Environmental Services (Budget Impact Expenditure of $37,108) Mr. Bouyounes presented the following recommendation from HR Director Tart: Description/Background: Under the direction of the Assistant County Administrator, Angel Roussel, PE, Human Resources has assisted in finalizing a reorganization plan including the Solid Waste and Utilities departments merging into the newly named Office of Environmental Services. The goal of this proposed reorganization is to establish a succession plan for the Solid Waste Director (due to retire 05/31/19), elevate customer service, streamline operations and promote cross-training by creating a single collaborative department. In the future as additional phases of the reorganization happen, the Office of Environmental Services (OES) would be able to share resources for much needed engineering support to two highly technical areas within the public works division. In addition, the focus of the Solid Waste Department will be changing with the closure of the Baseline Landfill. The Baseline location's main operational focus will change from receiving and landfilling waste to receiving and transferring waste. The regulatory compliance of the closed landfills will remain as a responsibility of the Office of Environmental Services. In order to successfully manage this new office, two new upper level management positions have been created while several other positions have been reclassified to reflect the merging of the departments and the position responsibilities. Additionally, two Solid Waste positions will be deleted and the responsibilities will be absorbed by the Office of Environmental Services. The first is the Financial Manager position in Solid Waste which is currently vacant and its responsibilities will be absorbed by the Environmental Services Fiscal Manager. The second position (Solid Waste Director) will be deleted after the May 31, 2019 retirement of the incumbent with the duties of the position being absorbed by the Environmental Services Director and the Environmental Services Deputy Director. In this initial phase, and once hired, the distribution of costs for the Environmental Services Director and the Environmental Services Deputy Director will be split among the two funds as recommended by the Clerk of the Courts office. The Fiscal manager will track the hours spent in each department and will bill the Solid Waste department as necessary at the end of the fiscal year. Future phases as well as the new budget will include new allocation methodology as recommended by the Clerk of the Courts office. Book Y, Page 635

34 Environmental Services Director HR, along with ACA Angel Roussel, have created a director position that will be able to successfully oversee the Office of Environmental Services (OES). The position will hold ultimate responsibility for the direction of Solid Waste and Utilities decisions. The attached job description outlines the requirements of the position. The Environmental Services Director will be paid 50/50 between the Solid Waste and Utilities budgets. (The Utilities Director position will be absorbed by this position.) Environmental Services Deputy Director This position will support the director as well as be able to step into the role of the director when needed. The deputy director will be an integral part of communicating and implementing decisions made by the director. The deputy will be paid 50/50 between the Solid Waste and Utilities budgets. (The Solid Waste director position will be deleted on May 31, 2019.) Environmental Services Fiscal Manager This position title has changed to reflect the responsibilities of the position within OES. This position will manage the budget and finances for both Solid Waste and Utilities within the OES. (The position is currently the Utilities Budget and Financial Specialist.) Mapping and Asset Specialist This is a new position that reflects the growing need of updating and adding specific asset information in the geographical information system. (The position is currently an Engineering Manager I.) Engineering Project Manager I This pay grade for this position is being changed from 17 to 19 to align with pay grade changes approved in January 2018 for the same positions in the Office of the County Engineer. There is no impact to salary, as the incumbent is within the new pay grade range. Solid Waste Administrative Supervisor This position title has changed to align with the supervisory levels within Solid Waste. They will still offer excellent customer service while overseeing the administrative needs of Solid Waste. (This position is currently the Administrative Manager.) Budget/Impact: Annualized Expenditure of $37,108 Recommended Action: Motion to approve the initial phase of the reorganization plan combining the Solid Waste and the Utilities departments into the Office of Environmental Services Mr. Bouyounes addressed the proposed reorganization plan to combine the Solid Waste and Utilities Departments into the Office of Environmental Services. He advised that there have been several revisions to what was previously proposed, noting there are 3 key positions that he is requesting the Board approve today; the Environmental Services Director, Environmental Services Deputy Director and Environmental Services Fiscal Manager. Chairman Bryant passed the gavel to Commissioner Stone, who assumed the Chair. Commissioner Bryant out at 10:40 a.m. Mr. Bouyounes clarified that there is already a Fiscal Manager position in the Utilities Department; however, the job description is being revised to provide assistance to both Utilities and Solid Waste Departments. He stated the time will be tracked and costs Page 636, Book Y

35 incurred by Solid Waste will be billed directly to the department. The Director and Deputy Director are vacant positions and may take up to 60 days to fill those positions, meanwhile, staff will be in discussions with the Clerk's Office (Budget, Finance and Internal Audit Departments) to develop a methodology for allocation of costs. There are several other positions being reclassified or eliminated from the Utilities and Solid Waste Departments, but those will have no overall impact on the Office of Environmental Services. Commissioner Bryant returned at 10:41 a.m. Chairman Stone returned the gavel to Commissioner Bryant, who resumed the Chair. Clerk Ellspermann concurred with Mr. Bouyounes, noting the Clerk's Office has been in communications with other counties to follow-up on their organizational process. He advised of a commitment from the County Administrator that policies will be established for accountability, internal controls and transparency. Clerk Ellspermann addressed the importance of meeting statutory requirements for reporting landfill costs, which drives the need for transparency and distribution of policy. The county's external auditors have already voiced a concern regarding the need for a scientific methodology that can be proven in relation to splitting the cost. He reiterated the importance of recognizing the appropriate revenue and expenditure distribution between the 2 agencies, meeting reporting standards and providing specific and reliable accounting for any future fee increase; wherein, the public may come forward and ask for justification of fee increases. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to consider the Walk-On Item. The motion was unanimously approved by the Board (5-0). Chairman Bryant opened the floor for public comment. There being none, Chairman Bryant advised that public comment is now closed. Commissioner Zalak opined that the merging of these two departments is a good longterm process moving forward, noting landfill operations will shift significantly in the upcoming year and sharing these assets is wise. He commented on the need to have the policies outlined and the right criteria in place so that the Internal Audit Department understands how to divide up the costs. In response to Commissioner Zalak, Mr. Bouyounes stated the request today is for 3 positions and the proposed reclassifications as outlined in the Walk-On Agenda Item. He advised that once the proportionate methodology has been developed then the final phase of the reorganizational plan will be presented. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to adopt Resolution 18-R-430, approving the initial phase of the reorganization plan combining the Solid Waste and the Utilities departments into the Office of Environmental Services, effective October 27, The motion was unanimously approved by the Board (5-0). Resolution 18-R-430 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, Reclassifying One (1) Utilities Director Position, Pay Grade 32, To One (1) Environmental Services Director Position, Pay Grade 35; split between Utilities budget 7130 and Solid Waste budget 4230; Add One (1) Environmental Services Deputy Director Position, Pay Grade 33; split between Utilities Budget 7130 and Solid Waste Budget 4230; Reclassifying One (1) Utilities Budget & Financial Specialist Position, Pay Grade 23, To One (1) Environmental Services Fiscal Manager Position, Pay Grade 23 within Utilities Budget 7130; Book Y, Page 637

36 Reclassifying One (1) Engineering Project Manager I Position, Pay Grade 17, to One (1) Mapping and Asset Specialist Position, Pay Grade 21 within Utilities Budget 7130; Reclassifying One (1) Engineering Project Manager I Position, Pay Grade 17, to One (1) Engineering Project Manager I Position, Pay Grade 19 within Utilities Budget 7130; Reclassifying One (1) Administrative Manager Position, Pay Grade 20, To One (1) Solid Waste Administrative Supervisor Position, Pay Grade 20 within Solid Waste budget 4230; Delete One (1) Financial Manager Position, Pay Grade 20; within Solid Waste 4230; Along with the corresponding job descriptions and pay grades within the Utilities budget 7130; within the Solid Waste budget 4230, and incorporating the foregoing actions into the Marion County Classification Plan. 10. COMMITTEE ITEMS: 10A. Fire Rescue/ EMS Advisory Board - Request Ratification of Two (2) Full Members for Four Year Terms Executive Assistant Nadja M. Griffis, Commission Office, presented the following recommendation: Description/Background: There are two positions on the Fire/EMS Advisory Board that, due to staff changes, need to be appointed. The current City of Ocala Fire Chief is Shane Alexander and the current COO for Florida Hospital Ocala is Darlinda Copeland. They would serve as the municipal representative and hospital representative, respectively. Budget/Impact: None. Recommended Action: Motion to ratify the appointments as requested of Ocala Fire Chief Shane Alexander and Florida Hospital COO Darlinda Copeland to the advisory board for terms ending October A motion was made by Commissioner Stone, seconded by Commissioner Moore, to ratify appointments of Ocala Fire Chief Shane Alexander and Florida Hospital Chief Operating Officer (COO) Darlinda Copeland as a members of the Fire Rescue/ EMS Advisory Board. The motion was unanimously approved by the Board (5-0). 10B. WellFlorida Council - Request Approval of One (1) Full, Provider Member for a Full Term Executive Assistant Griffis, Commission Office, presented the following recommendation: Description/Background: Dr. Suna Uzun-Thomson's provider term on the WellFlorida Council is set to expire October Dr. Thomson is eligible for reappointment and has submitted an application. - Dr. Suna Uzun-Thomson, clinical psychologist - Department of Children and Family - North Florida Evaluation and Treatment Center. Budget/Impact: None. Recommended Action: Motion to appoint Dr. Uzun-Thomson to the WellFlorida Council as a provider for a full term expiring October Clerk Ellspermann advised that the applicant received the appropriate votes. Page 638, Book Y

37 A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to reappoint Dr. Suna Uzun-Thomson as a members of the WellFlorida Council. The motion was unanimously approved by the Board (5-0). 11. NOTATION FOR ACTION: 11A. Request Approval to Schedule and Advertise a Public Hearing to Consider an Ordinance to Amend Chapter 5 of the Marion County Code Related to Building and Building Regulations on Tuesday, November 6, 2018 at 10:00 a.m. The Board considered the following recommendation from County Attorney Minter: Description/Background: This is a request to schedule and advertise a public hearing to consider an ordinance to amend chapter 5 of the Marion County Code related to building and building regulations. Budget/Impact: None. Recommended Action: Motion to approve the scheduling and advertising of a public hearing to consider an ordinance to amend chapter 5 of the Marion County Code related to building and building regulations on Tuesday, November 6, 2018 at 10:00 a.m. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to schedule a public hearing on Tuesday, November 6, 2018 at 10:00 a.m. to consider an Ordinance to amend Chapter 5 of the Marion County Code related to building and building regulations. The motion was unanimously approved by the Board (5-0). 11B. Request Cancellation of Public Hearing to Consider the Marion County Sheriffs Office Petition for Abatement Regarding the Stage Stop Motel on Tuesday, November 6, 2018 at 2:00 p.m. The Board considered the following recommendation from County Administrator Bouyounes: Description/Background: During the October 2, 2018 Board meeting, the County Attorney presented a walk-on item concerning the Marion County Sheriffs Office petition for abatement regarding the Stage Stop Motel. Following the discussion, the Board scheduled the requested public hearing for Tuesday, November 6, 2018 at 2:00 p.m. The County has since received the attached Notice of Voluntary Dismissal from the Marion County Sheriff's Office with a request to cancel the hearing concerning this matter. Budget/Impact: None. Recommended Action: Motion to cancel the public hearing to consider the Marion County Sheriff's Office petition for abatement regarding the Stage Stop Motel, previously scheduled on Tuesday, November 6, 2018 at 2:00 p.m. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to cancel the public hearing previously scheduled for Tuesday, November 6, 2018 at 2:00 p.m. as requested by MCSO's petition for abatement regarding the Stage Stop Motel. The motion was unanimously approved by the Board (5-0). 11C. Request Approval to Schedule a Workshop to Discuss Parks & Recreation Fees, Marion County Airport and Sponsorship Policy, Tuesday, November 6, 2018 at 2:00 p.m. Book Y, Page 639

38 The Board considered the following recommendation from Parks Director/Landscape Architect Couillard, PIA, ASLA: Description/Background: This request is to schedule a workshop to discuss various topics regarding the Parks & Recreation Department. Topics will include an update on the direction of the Marion County Airport, the Parks & Recreation Fees Resolution, the Southeastern Livestock Pavilion Fees Resolution, a new Sponsorship Policy, an update to the Naming and Renaming of County Properties Policy and a new Memorial Plaque Policy. Budget/Impact: None. Recommended Action: Motion to schedule a workshop on Tuesday, November 6, 2018 at 2:00 p.m. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to schedule a workshop on Tuesday, November 6, 2018 at 2:00 p.m. to discuss various topics regarding the Parks & Recreation Department. The motion was unanimously approved by the Board (5-0). 11D. Request Approval to Schedule and Advertise a Public Hearing to Consider Resolutions Adopting the Intent to Authorize Use of the Uniform Method of Collecting Non-Ad Valorem Assessments on Tuesday, December 4, 2018 at 10:00 a.m. The Board considered the following recommendation from Municipal Service Taxing Unit (MSTU) Director Shawn Hubbuck: Description/Background: The public hearing is required to consider adoption of resolutions authorizing use of the uniform method of collecting non-ad valorem assessments to be placed on the tax bills of property owners owning property within the affected area. Florida Statute requires that the local government shall publish notice of its intent to use the uniform method of collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for four (4) consecutive weeks preceding the hearing. The following are proposed improvement areas pending approval from the Board at a final public hearing. BAHIA OAKS UNIT NO. THREE AKA WEST WIND TRAILS BELLEVIEW ESTATES BOULDER HILL CARDINAL HILL COMPLEX NW 114TH STREET CEDAR HILLS ADDITION C. HALE DANIELS CEDAR SHORES INDUSTRIAL PARK EDGEWATER ESTATES REPLAT EDGEWOOD FIRE RESCUE SERVICES MSBU GOLDEN HILLS TURF AND COUNTRY CLUB SUBDIVISION BLOCKS 8 AND 10 GREY OAKS MSBU HALF MOON MINI FARMS HEATHER ISLAND MARKET CENTER MSBU HEIRS OF NORTH BRUSH NW 93RD AVENUE HUNTINGTON/HUNTINGTON - REVISED PORTION Page 640, Book Y

39 INDUSTRIAL 35 UNIT 1 AND UNIT 2 KOZICKS UNRECORDED SE 41ST AVENUE LAKE TROPICANA RANCHETTES/LAKE TROPICANA RANCHETTES FIRST ADDITION/LAKE TROPICANA RANCHETTES SECOND ADDITION/LAKE TROPICANA RANCHETTES THIRD ADDITION/LAKE TROPICANA RANCHETTES FOURTH ADDITION/MSTU FOR ROAD IMPROVEMENTS LAKE TROPICANA RANCHETTES PHASE I RE-ASSESSMENT LEVY HAMMOCK FOREST MCATEER ACRES MAGNOLIA SHORES SMITH LAKE ACRES UNIT 1 MARICAMP MARKET CENTRE MSBU MARION OAKS MSTU FOR GENERAL SERVICES UNITS 1 THRU 12, REPLAT OF TRACT "D" OF MARION OAKS UNIT TWELVE NE 37th STREET NE 14th AVE NE 92ND PLACE NE 27th TERR TO NE 41st CT NORTH OCALA INDUSTRIAL PARK NW 58TH LANE NW 30TH AVE NW 90th ST NW 49TH/35TH STREET DRA MAINTENANCE MSBU PEPPERTREE VILLAGE PINE RUN ESTATES MSTU FOR ROAD IMPROVEMENTS RAINBOW SPRINGS COUNTRY CLUB ESTATES/RAINBOW SPRINGS COUNTRY CLUB ESTATES 1ST REPLAT/RAINBOW SPRINGS REPLATS 1 THRU 5/FAIRWAYS ESTATES/FAIRWAY ESTATES WEST /GRAND PARK/GRAND PARK NORTH/FOX TRACE RAINBOW SPRINGS PHASE I RE-ASSESSMENT RESIDENTIAL SOLID WASTE SERVICES MSBU ROLLING HILLS UNIT ONE, UNIT1-A, UNIT TWO, REPLAT OF A PORTION OF ROLLING HILLS UNIT 2-A, UNIT THREE, UNIT FOUR, UNIT FIVE ROLLING RANCH ESTATES SW 100TH LN FROM SW 140TH AVE TO SW 132nd AVE ROLLING RANCH ESTATES SW 121st TERR FROM SW 66th ST TO SW 89th ST SABAL PARK SE 140th AVE BETWEEN SE 170th ST AND SE 175th ST SHADY HILLS ESTATES SW 33rd TERR SILVER CREEK/SILVER CREEK FIRST ADDITION STORMWATER PROGRAM TIMBERWOOD RE-ASSESSMENT TIMUCUAN ISLAND UTILITY WATER/SEWER LINE MAINTANANCE AVAILABILITY ASSESSMENT MSBU WHISPERING ACRES FANTASY FARMS WINDSTREAM Budget/Impact: None. Book Y, Page 641

40 Recommended Action: Motion to schedule and advertise a public hearing on Tuesday, December 4, 2018 at 10:00 a.m. to consider resolutions adopting the intent to authorize use of the Uniform Method of Collecting for Non-Ad Valorem Assessments. A motion was made by Commissioner Moore, seconded by Commissioner Stone, to schedule and advertise a public hearing on Tuesday, December 4, 2018 at 10:00 a.m. to consider Resolutions adopting the intent to authorize use of the Uniform Method of Collecting for Non-Ad Valorem Assessments. The motion was unanimously approved by the Board (5-0). 11E. Request Approval to Establish and Schedule Marion County Legislative Day on Tuesday, March 12, 2019 The Board considered the following recommendation from ACA Jeannie Rickman: Description/Background: With the 2019 legislative session beginning on Tuesday, March 5, 2019, it is the desire of the Marion County Board of County Commissioners to establish Marion County Legislative Day and any activities surrounding this event. To allow for advance notice and coordination of events prior to the convening of the 2019 legislative session, staff requests board consideration and approval to establish Marion County Legislative Day on Tuesday, March 12, As the event is coordinated, further details will be provided at a future date. Budget/Impact: None. Recommended Action: Motion to approve and schedule the Marion County Legislative Day on Tuesday, March 12, A motion was made by Commissioner Moore, seconded by Commissioner Stone, to approve and schedule the Marion County Legislative Day on Tuesday, March 12, The motion was unanimously approved by the Board (5-0). 12. COMMISSIONER ITEMS: 12A. Request Approval of Renewal of Surety Bonds for Commissioners The Board considered the following recommendation from Executive Assistant Griffis, Commission Office: Description/Background: Surety Bonds for the following Commissioners are in need of renewal for the length of time listed below: Commissioner Bryant one year Commissioner Gold one year Commissioner Moore one year Commissioner Stone one year Commissioner Zalak one year Attached for review are the renewals, which are effective November 9, 2018 for Commissioner Stone and November 20, 2018 for Commissioners Bryant, Moore, Gold and Zalak. Budget/Impact: Total cost is $500.00, $ for each renewal to Western Surety Company. Recommended Action: Motion to approve surety bond renewals for all Commissioners. Page 642, Book Y

41 A motion was made by Commissioner Stone, seconded by Commissioner Zalak, to approve the Surety Bond renewals for all Commissioners. The motion was unanimously approved by the Board (5-0). 12B. Commission Comments Commissioner Moore commented on Hurricane Michael and expressed his appreciation to all first responders, especially those who have deployed to the panhandle to help those in need. He encouraged the community to come together to help those in need. Commissioner Zalak noted the Marion County Road Builders Association is holding its annual Florida Feast on Thursday, October 18, 2018 at the Southeastern Livestock Pavilion (SELP) at 6:00 p.m. Commissioner Gold commented on the devastation and destruction he saw after Hurricane Katrina, noting he went back 10 years later and communities are still recovering. He thanked the Board for working together. Commissioner Stone advised that she recently attended the Central Florida Metropolitan Planning Organization Alliance (CFMPOA) meeting and will provide the Board with a full report at the next Transportation Planning Organization (TPO) meeting. She stated the CEP has put together a new website ( that will benefit people and companies looking to relocate to Marion County. Commissioner Stone expressed her appreciation to fellow Board members for always working together. Chairman Bryant commented on the election of a new BCC Chair and Vice-Chair at the first regularly scheduled Board meeting in November, Chairman Bryant welcomed Captain Brian Spivey, MCSO, who is filling in for Emergency Management Director Preston Bowlin, MCSO, who is in the panhandle. She advised that Marion County is committed to being a resource to fellow Floridians, noting J.D. Hall from Hill's Mayflower Moving and Storage has committed a semi-truck to take supplies to the panhandle. In coordination with the company, all Constitutional Officers, MCSO, and county departments are putting together a supply drive to fill the semi-truck. Chairman Bryant listed supplies that are in need and noted a complete list of items will be posted on the county's website. She stated drop-off sites will be located throughout the county, including libraries, fire departments, etc. In response to Chairman Bryant, Public Relations Director Nick Zoller, listed the addresses for the MCSO District Offices where drop-off boxes will be located. Clerk Ellspermann noted there will also be a drop-off box located at the Information Desk on the first floor of the Marion County Courthouse. Chairman Bryant stated Deputy Bowlin will coordinate efforts as to which locations supplies will be taken. She expressed her appreciation to the wonderful community partners that have also reached out to those affected by Hurricane Michael, including Sonny's Bar-B-Que, Mojo's Restaurant, Cheney Brothers Food Distributors, etc. 12C. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of through November 9, Book Y, Page 643

42 12D. Additional Public Comment: All members of the public wishing to speak during the "Additional Public Comment" portion of the agenda will be limited to two (2) minutes to make their request or presentation. If the request or matter requires investigation by County staff, the Chair will refer to staff for follow-up with the person making the request. Chairman Bryant opened the floor for 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 Ocala/Marion County Chamber and Economic Partnership (CEP) September 2018 Activity Report and Performance Matrix 2018 YTD 13A2. Present the Ocala/Marion County Chamber and Economic Partnership (CEP) 4th Quarter Financial Statement 13A3. Present DRC Waiver Request LDC B(10) - Family Division for the Benjamin & Michele Bath Property Parcel # , Application # A4. Present dated September 28, 2018 from Jim Davenport, Partner, Thorn Run Partners, Regarding FCC 5G Update 13A5. Present Letter Dated October 2, 2018 from the City of Belleview Regarding Annexation of Property Parcel # A6. Present Letter Dated October 2, 2018 from the City of Belleview Regarding Annexation of Property Parcel # B. Present Walk-On Items From Previous BCC Meeting: 13B1. October 2, PROCLAMATION 2018 Arthur I. Appleton Day Jessica E. Kummerle, Government Relations Manager, College of Central Florida (Approval and Presentation) - Approved October 2, Request Authorization to Schedule and Advertise if Necessary, a Public Hearing to Consider the Marion County Sheriffs Office Petition for Abatement Regarding the Stage Stop Motel (Approved 4-0, Hearing Scheduled for November 6, 2018 at 2:00 p.m.) 13C. General Informational Items: 13C1. Marion County Health Department For the Latest health news and information, Visit the Website at 13D. Clerk of the Court: 13D1. Present Regular Report of Utilization for Reserve for Contingencies 13D2. Present Monthly Report for the Building Department Budget and Actual 13D3. Present Memorandum From David R. Ellspermann, Clerk Of The Circuit Court And Comptroller, Regarding The Filing Of Ordinance (Zoning) With The Secretary Of State's Office 13D4. Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 09/26/18) For the Opening Bid Amounts, Pursuant To Chapter (7), Florida Statutes 13D5. Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 09/12/18) For the Opening Bid Amounts, Pursuant To Chapter (7), Florida Statutes Page 644, Book Y

43 13E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Board of Adjustment (BOA) - September 10, E2. Development Review Committee (DRC) - September 10, 17, and 24, E3. Marion County Hospital District Board of Trustees (MCHD) Final Budget 13E4. MCHD and Munroe Regional Health System, Inc Final Cash Flow Budget 13E5. Munroe Regional Health System, Inc Final Budget 13E6. Pine Run MSTU Advisory Council - July 19, E7. Planning & Zoning Commission (P&Z) - August 27, E8. Rainbow Lakes Estates (RLE) Advisory Committee - July 19, E9. Withlacoochee Regional Water Supply Authority (WRWSA) Adopted Schedule of Meetings for the Fiscal Year 13E10. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at 13E11. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at 13E12. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at 13E13. Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at There was a recess at 11:04 a.m. The meeting reconvened at 2:01 p.m. with all members present. Also present were: Growth Services Director Sam Martsolf, Senior Planners Chris Rison, Ken Weyrauch and Kimberleigh (Kim) Dinkins, Planner II Juan Castillo, Administrative Staff Assistant Stephanie Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G. Minter, County Administrator Mounir Bouyounes, ACA Angel Roussel, County Engineer Tracy Straub, and Acting Utilities Director Bob Titterington. The meeting opened with the Pledge of Allegiance to the Flag of our Country. 14. PLANNING & ZONING AND DRC WAIVER REQUESTS (AT 2:00PM): Deputy Clerk Lewter advised that there are 3 Proofs of Publication to be presented this afternoon. 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 September 7, The Notice states the Board will consider Comprehensive Plan Amendment 18-L07 (Item 14B4), Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan. The second Proof of Publication is No. A entitled, "Notice of Public Hearing to Close and Abandon Road(s)", published in the Star Banner newspaper on August 30, The Notice states the Board will consider adoption of a Resolution as petitioned by Dawn McKenzie, Matthew Villella, Mark Imes, John Sandy, Erni Frederick, Tracy Rankin, Steven Pearce and Greg Baker (Item 14B4). The final Proof of Publication is No. A entitled, "Notice of Intention to Consider Adoption of an Ordinance" published in the Star Banner newspaper on October 2, The Notice states the Board will consider adopting an Ordinance approving Large Scale Book Y, Page 645

44 Comprehensive Plan Amendment, rezoning and/or Special Use Permit applications, as well as considering adoption of an Ordinance (14D1). Chairman Bryant stated the County Attorney will now address the process for today's zoning hearings. County Attorney Matthew G. Minter noted Items 14A1 through 14A8 are the consent agenda, which means that no opposition has been received in regard to those items. If anyone present today has any concern with any consent agenda item they may raise their hand and that item will be pulled for separate consideration. If there are no objections those items will be moved in one combined motion. The second grouping is the DRC waiver requests (1461 through 14134). The property owner is usually the only one concerned with the waiver requests, as in most cases it is only particular to that specific property. Items 14C1 through 14C6 are items for individual consideration and include rezoning and Special Use Permit requests. Under Florida Law, all zoning and Special Use Permits are considered quasi-judocial. In effect, the BCC is basically sitting as judges in those proceedings. Testimony and/or comments about re-zonings or special use permits must be relevant to the situation and are not like a majority vote (i.e., where a majority of those in attendance are either for or against an item). The BCC needs facts as to how the application is beneficial to the community or neighborhood; whether or not the request will have an adverse effect on surrounding properties; or information related to traffic impacts of the project The applicant will be given an opportunity to give their initial presentation to the BCC or they may wait until after public comment, at which time the applicant (or agent) will respond. If a speaker has questions for the applicant, they must address the BCC at the podium and the Board will then in turn direct those issues to the applicant for a response. The applicant will have an opportunity to address the Board two times; once for the initial presentation; and secondly, to respond to public comment; however, each speaker may only address the Board one time. Once public comment is closed, the public has no further opportunity to address the Board. It is up to the Board to make a final determination. Chairman Bryant advised that anyone who wishes to address the Board regarding any of these items will have the opportunity. All speakers must state their name and address for the record. 14A. Planning and Zoning Consent Items: Growth Services Director Sam Martsolf advised that the eight (8) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (P&Z) Commission. He stated the consent agenda items will be acted on in one motion, as follows: ITEM NUMBER OWNER FROM-TO ACREAGE Z Amado and Rita Lopez B-4 to RC Z Ana Youst B-4 to RR Z Ocala Children's Trust, LLC. M-1 to B L07 The Refuge-A Healing Place, LLC (Transmittal Hearing) Preservation Rural Land to Page 646, Book Y

45 The Refuge-A Healing Place, 4.a Z GU to A LLC The Refuge-A Healing Place, Special Use Permit b SU LLC in A-1 Renewal of Special Joseph and Regina Yaccarino SU Use Permit in B SU Courtney Dawn Roberts and Special Use Permit Joseph Pickerrell in A SU Special Use Permit M L Miller LLC (Skunkie Acres) in A-1 Special Use Permit SU DAB Constructors, Inc. in M-2 PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Colen and seconded by Mr. Gaekwad to agree with staff's findings and recommendation, and recommend approval of the following Consent Agenda items (181001Z, Z, Z, 18-L07, Z, SU, SU, SU, SU, and SU) based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Are consistent with the Marion County Comprehensive Plan. 3. Are compatible with the surrounding land uses. The motion passed 7 to 0. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to approve consent agenda items 14A1 through 14A8, agreeing with Growth Services Department staff and the P&Z Commission recommendations, based on findings that the proposed uses are compatible with the surrounding land uses, are consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). The motion approved the consent agenda items as follows: 14A Z - Amado and Rita Lopez, B-4 to RC-1, 1.7 Acres The Board granted a petition by Amado and Rita Lopez (owners/applicants) / Chris Howson (agent), SE 6th Street, Silver Springs, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from B-4 (Regional Business) to RC-1 (Rural Commercial), for all uses permitted on approximately 1.70 acres of Parcel Account No A Z - Ana Youst, B-4 to RR-1,.23 Acres The Board granted a petition by Ana Youst (owner/applicant), 240 Bay Head Drive, Kissimmee, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from B-4 (Regional Business) to RR-1 (Rural Residential) for all uses permitted including a single family residence on approximately 0.23 acre of Parcel Account No A Z - Ocala Children's Trust LLC, M-1 to B-4, 4.25 Acres Book Y, Page 647

46 The Board granted a petition by Ocala Children's Trust, LLC (owner) / Herb Green (applicant), 3101 SW 34th Avenue, Suite , Ocala, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from M-1 (Light Industrial) to B-4 (Regional Business), for all uses permitted on an approximate 4.25 acre "portion of" 8.5 acres, of Parcel Account No A4. 18-L07 - The Refuge-A Healing Place, LLC., Preservation to Rural Land, Acres (Transmittal Hearing) The Board approved transmittal of the Future Land Use Map (FLUM) Large Scale Comprehensive Plan Amendment No. 18-L07 by St. Johns River Water Management District (SJRWMD) (owner contract for sale) / The Refuge-A Healing Place, LLC, Attn: Isabel Rehak CEO (applicant buyer) / Fred N. Roberts, Esquire (agent), SE 85th Street, Ocklawaha, FL, from Preservation to Rural Land on approximately acre "portion of" 4, acres of Parcel Account No (with Z & SU) 14A4a Z - The Refuge-A Healing Place, LLC., GU to A-1, Acres Staff advised that the companion petition by SJRWMD (owner contract for sale) / The Refuge A Healing Place, LLC, Attn: Isabel Rehak CEO (applicant buyer) / Fred N. Roberts, Esquire (agent), SE 85th Street, Ocklawaha, FI, for a Zoning Change, Article 5, of the Marion County Land Development Code, from GU (Government Use) to A-1 (General Agriculture), for all uses permitted on an approximate acre "portion of" acres, on Parcel Account No will be heard on Tuesday, December 15, 2018 when Item 14A4a comes back before the Board. 14A4b SU - The Refuge-A Healing Place, LLC., Special Use Permit in A-1, Acres Staff advised that the companion petition by SJRWMD (owner contract for sale) / The Refuge A Healing Place, LLC, Attn: Isabel Rehak CEO (applicant - buyer), / Fred N. Roberts, Esquire (Agent), SE 85th Street, Ocklawaha, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for the purpose of a rehabilitation facility in an A-1 (General Agriculture) zone on an approximate acre "portion of" 4, acres of Parcel Account No will be heard on Tuesday, December 15, 2018 when Item 14A4a comes back before the Board. 14A SU - Joseph and Regina Yaccarino, Renewal of Special Use Permit in B- 2,.52 Acres The Board adopted Resolution 18-R-432 granting a petition by Joesph E. Yaccarino, Jr. and Regina Yaccarino (owner/applicants), S. Putney Court, Leesburg, FL, to renew Special Use Permit #140802SU, Articles 2 and 4, of the Marion County Land Development Code, for cabinet/countertop sales and assembly with limited outside display of granite material in a B-2 (Community Business) zone on approximately 0.52 acres of Parcel Account No Resolution 18-R-432 contains the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. The ingress/egress shall be via S US Hwy 441, via the existing paved apron. Page 648, Book Y

47 3. The Special Use Permit should only be approved for parcel number; , a.52 acres site. 4. The business should be limited to open Monday thru Fridays from 8:30 am till 5:30 pm, Saturdays and Sundays from 9 am till 1 pm. 5. A new Special Use Permit will be required for any future expansion of the approved site. 6. There will be no overnight parking of any commercial vehicles. 7. All cabinet assembly including granite countertop assembly shall be enclosed within the existing building. 8. Residual runoff from the granite cutting shall not be permitted to discharge into the stormwater facilities. 9. The outside granite slabs display shall be limited to the frontage on S US Hwy 441, inside the existing fenced area only. Storage of material in back of building shall remained screened from view. 10. The Special Use Permit shall expire on October 16th 2023; however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Manager (or position equivalent to the Growth Services Manager at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit. 14A SU - Courtney Dawn Roberts and Joseph Pickerrell, Special Use Permit in A-1, Acres The Board adopted Resolution 18-R-433 granting a petition by Courtney Dawn Roberts and Joseph Pickerrell (owner/applicants), S. Highway 475, Ocala, FL, fora Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a wedding venue (Cashel Stud Weddings) open year round with events only on Fridays, Saturdays and Sundays in an A-1 (General Agriculture) zone on approximately acres of Parcel Account No Resolution 18-R-433 contains the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. 2. Existing vegetative buffers on the south and west sides of the property shall not be removed. In the event that any or all buffers are removed, they shall be replaced with an E-type buffer. 3. Expansion or modification of the number, type, approximate size, or location of any of the proposed uses/operations beyond those shown on the conceptual plan is prohibited; however, a new Special Use Permit Application may be submitted for consideration to expand the Book Y, Page 649

48 uses/operations. This prohibition does not apply to new agricultural structures (e.g. horse barns) permissible on the property. 4. The Special Use Permit shall run with the owner(s) (Courtney Dawn Roberts and Joseph Pickerrell) and not the property. 5. The Special Use Permit will terminate if any portion of the subject property is sold, divided, or subdivided. 6. The owners (Courtney Dawn Roberts and Joseph Pickerrell), shall reside on site. 7 Parking shall be provided on site in accordance with the conceptual plan. Parking associated with the wedding venue or any activity associated with this site shall not be permitted on neighboring property. 8. All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding shall be provided to prevent the overflow of light into the neighboring properties. 9. All events will conclude by 10pm. 10. Music of any kind should be done in a completely enclosed facility and if outdoors must meet the Plainly Audible section of the County's noise ordinance. 11. The Special Use Permit shall expire on October 16, 2023; however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time). 14A SU - ML Miller, LLC, Special Use Permit in A-1, Acres The Board adopted Resolution 18-R-434 granting a petition by ML Miller, LLC, do William Greene Sr. (owner) / Barbra and Megan Haake (applicants), PO Box 188, Fort McCoy, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, to operate a 501(c)(3) tax exempt organization, not-for-profit educational animal park and rescue (Skunkie Acres, Inc.) for exotic, livestock and domestic animals and to request a 4' by 8' business sign (and future plans for wildlife rehabilitation.), in an A-1 (General Agriculture) zone on approximately acres of Parcel Account Nos and Resolution 18-R-434 contains the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions provided with this approval. 2. This Special Use Permit shall run with the applicant (Megan Haake) and not the property. Page 650, Book Y

49 3. The applicant (Megan Haake) must reside onsite, in a properly permitted, residential structure for the duration of the Special Use Permit. The Special Use Permit shall terminate if the applicant fails to reside onsite. 4. Public restroom facilities must comply with Florida Department of Health standards. 5. The animal sanctuary/petting zoo is limited to the number and type of animals indicated in Exhibit A of this report. Animal welfare care and space standards where applicable, as regulated by the FWC and the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) and Marion County, must be observed. A violation of these animal welfare standards constitutes a violation of this special use permit. 6. All Class II and Class III animals shall be kept within enclosed structures as indicated on the conceptual plan, and in compliance with licensure standards. 7 The petting zoo operation shall be allowed to be open to the public from 10 am to 6 pm. 8. Animal waste shall be removed from the property on a bi-weekly basis unless it is spread. Where manure is spread, the rates must comply with UF-IFAS recommendations. 9. The facility must submit a Notice of Intent to enroll in FACS Best Management Practices for horse operations, consistent with , Florida Statutes. 10. Minimum habitat/pasture size shall be provided and maintained as follows: 20,000 sf for the first pony/horse and 6,000 sf for each additional horse. 11. Signage is limited to the existing sign for Skunkie Acres. Should the sign be replaced, it may not exceed the dimensions of the existing sign. 12. The Special Use Permit is effective for the total acre site, and shall terminate if there is a division or subdivision of the properties. 13. This Special Use Permit shall expire on October 29, The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future. (Ed. Note: FWC is the acronym for Florida Fish and Wildlife Conservation Commission; UF-IFAS is the acronym for University of Florida Institute of Food and Agricultural Science; and FDACS is the acronym for Florida Department of Agriculture and Consumer Services.) 14A SU - DAB Constructors, Inc., Special Use Permit in M-2, 21 Acres The Board adopted Resolution 18-R-435 granting a petition by FCB REO Assets, LLC (owner) / Maria E. De La Luz, c/o D.A.B. Constructors, Inc. (applicant) / Fred N. Roberts, Esquire (agent), SE Highway 42, Summerfield, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for an asphalt plant with corresponding office and related facilities in an M-2 (Heavy Industrial) zone on approximately 21 acres of Parcel Account No Resolution 18-R-435 contained the following Conditions: 1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. Book Y, Page 651

50 2. Prior to initiating any commercial use of the asphalt plan complex facilities, the paved driveway apron required consistent with applicable LDC requirements shall be installed, including obtaining a suitable Marion County Driveway Permit and completing all required improvements consistent with that Permit. 3. No operation of the asphalt plant's production capabilities may be initiated unless and until the following are completed: a. The proposed office and shop/lab buildings are completed and have obtained a final building inspection, and b. The site's perimeter buffers as required herein are completed and installed. 4. The maximum hours of operation for the asphalt plant complex for asphalt production/plant operation, outdoor materials & inventory storage & operations, and heavy vehicle & equipment operations shall be as follows: a. Daily, 6:00 a.m. to 6:00 p.m., b. An exception for the referenced activities may be made for "nightwork contract" or "emergency-service contract"; however, prior to conducting such work the applicant shall provide copies of the executed work order/contracts to the Growth Services Director documenting the contracted work and establishing the exception time frame. 5. There shall be no maximum hours of operation for the complex's indoor facilities consisting of the office and/or shop/lab. 6. The maximum height of all asphalt plant silo(s), conveyer(s), and their access structure(s) for mixture materials storage and completed product material storage shall be 85-feet, with the maximum height inclusive of any superstructure components supporting the silo(s) (e.g., allowing vehicles to drive under and/or stop below for loading and/or unloading) and components on top of the silos (e.g., catwalks for access/operation/maintenance and inclusive of any telecommunication equipment (e.g., antennae, satellite dish, etc.) that may be mounted on top of the silo(s). Final design and construction of such facilities shall be coordinated with Marion County Fire Services for safety and emergency access planning. 7 Buffers shall be provided and maintained along the west, north, and east/southeast boundaries of the site as indicated on the conceptual plan and the following: a. West boundary along NW Gainesville Road: A Type "C" Buffer (minimum 15- feet wide, minimum two shade trees & three accent trees per 100LF, and ground cover/shrubs to achieve a minimum 3- feet in height within one year); b. North and east boundary: A Modified Type "B" Buffer (minimum 20- feet wide, minimum two shade trees and three understory trees, ground cover/shrubs achieve a minimum 3-feet in height within one year, with fencing a minimum 6-feet height and at least chain-link including a double layer of physical slats (not an attached fabric or "outside mount" form) wherein the slats are inserted into the chainlink in a perpendicular fashion to each other). This screen fencing Page 652, Book Y

51 shall be located on the internal boundary of the buffer to prevent encroachment into the buffer by any site operations. In the event the masonry walls a minimum 8-feet in height are constructed to contain/manage the aggregate/materials storage area and the masonry walls adjoin the interiorboundary ofthe buffer, the masonry walls may serve in place of the required fencing with slats, and the buffer width corresponding to those maintained walls may be reduced by 5-feet to a minimum 15-foot width. c. Southeast boundaries shared with the Marion County "Bullring" Speedway property (PID# ): A Modified Type "B" Buffer (minimum 20' wide, minimum of two shade trees and three understory trees, ground cover/shrubs to achieve a minimum 3-feet in height within one year, with opaque fencing [e.g., wood, vinyl, etc.] a minimum 6-feet in height). This screen fencing shall be located on the internal boundary of the buffer to prevent encroachment into the buffer by any site operations. In the event masonry walls a minimum 8-feet in height are constructed to contain/manage the vehicle parking areas along this boundary and the masonry walls adjoin the interiorboundary of the buffer, the masonry walls may serve in place of the required fencing, and the buffer width corresponding to those maintained walls may be reduced by 5-feet to a minimum 15-foot width. 8. General company vehicles (e.g., cars, light trucks, etc.) may be parked in the complex's parking lot west of the office building along NW Gainesville Road. All other company vehicles (heavy trucks, equipment, etc.) shall be parked/stored internally on the site behind (east/north) of the proposed office and shop/lab buildings so they are screened from view from NW Gainesville Road. 9. No mechanical repair/maintenance of the operation's general service and heavy vehicles or heavy equipment shall take place on-site outdoors, except for emergency service to allow sufficient operation to enable transport to a repair operation/facility, however such service may occur indoors within the shop/lab building consistent with applicable regulations. 10. This Special Use Permit shall terminate upon any division or subdivision of the subject property. 11. This Special Use Permit shall NOT run with the property and shall run with the corporate entity which is the applicant for this Permit D.A.B. Constructors, Inc. 12. This Special Use Permit shall expire on December 16, 2028; however it may be renewed administratively for up to 10 years by a written instrument signed and issued by the Growth Services Director (or position equivalent at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Planning & Zoning, or Book Y, Page 653

52 equivalent/similar Departments/Divisions about the uses of the subject property under this Permit, or c. The Growth Services Director determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit process (or equivalent process at that time). 14C Z - Todd Rudnianyn and James Sweeny, Ill, B-2 and PUD to PUD, Acres Chairman Bryant announced that a continuance has been requested; however, public comment will be taken for the record. Commissioner Gold out at 2:11 p.m. Mr. Martsolf advised that the matter will be brought back to the Board during the December, 2018 meeting. David Tillman, Tillman & Associates Engineering, LLC, SE 16th Avenue, stated if it is the preference of the Board to move forward with the hearing today he is prepared to present. The Board can approve the request pending the Developer's Agreement that will be brought back at the December, 2018 meeting, which will give the engineers an opportunity to move forward with some of the design process rather than holding it up for two months waiting on the Developer's Agreement to be completed. Chairman Bryant advised that this matter will be heard in the original order. Commissioner Gold returned at 2:12 p.m. 14B. DRC Waiver Requests and Public Hearings: 14B1. Request to Uphold DRC's Denial Regarding Waiver Request LDC B(2)(a) - Wastewater Connection for New Single Family Residential for the IC Consortium Property Parcel # , Application #22336 The Board considered the following recommendation from Growth Services Director Martsolf, on behalf of the Development Review Committee (DRC): Description/Background: Section (2)(a) of the Land Development Code provides that new single family residential in the Urban of Rural area shall connect to a central sewer system if a sewer line from a central sewer system with available capacity is within a connection distance of 400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station. The applicant's statement of justification for the requested waiver is as follows: The applicant requests waiver because a single family residentialpumping system is not a feasible option in order to connect to Marion County Utilities' main 12 inch forcemain system. In addition, the costs associated with the purchasing/installation of a lift station, directional boring of forcemain, 12 inch tapping sleeve, and other miscellaneous valves and fittings are unreasonably high for a single family connection. DRC action on September 10, 2018, by a vote of 5-0, was to deny the request. Budget/Impact: None Recommended Action: Motion to uphold the Development Review Committee's (DRC) denial of the waiver request. Mr. Martsolf commented on the waiver request and the DRC's recommendation for denial regarding waste water connection for a new single family residence located in Marion Oaks Subdivision. This is a typical request in response to the connection to a force main. Page 654, Book Y

53 Doug Vandeursen, DNM Engineering and Associates, Inc., SE 17th Street, advised that the Code is requiring connection via force main to a 12 inch force main, which has a considerable associated cost; therefore, an application for a waiver was submitted. He stated the application was denied and he is present to request the utilization of a septic system in lieu of connecting at this time. Mr. Vandeursen noted he is willing to connect when sewer is available and more economical. Chairman Bryant questioned if any quotes were received for this project. Mr. Vandeursen advised that his company just completed one and the cost was roughly $33,000. The cost of a septic system is approximately $5,000 to $6,000. In response to Commissioner Stone, Mr. Vandeursen stated the quote received was for a standard septic system, noting a standard system is probably around $4,000. Commissioner Zalak questioned if Mr. Vandeursen will be living in the home. Mr. Vandeursen advised that he is the engineer for the developer and this is a speculative (spec) home. Commissioner Moore advised that the property is located in Marion Oaks, which is not in the Primary Focus Area (PFA). Mr. Vandeursen stated the Board approved a waiver for a similar property a couple of blocks north for a standard septic system. Commissioner Zalak concurred, noting the next one to be approved required an advanced septic system. In response to Chairman Bryant, Mr. Vandeursen advised that the developer has plans to develop other properties in the area, but is unsure if any are within 400 feet of a water line. Chairman Bryant stated everyone is aware that part of the county's plan is if the property is within 400 feet of a water line it must connect. Developers will need to start taking into consideration the cost of connecting when developing their properties. The Board wants to ensure that builders and developers realize that this is beginning to be something that they are seeing more and more of; therefore, the Board will have to start holding the line on these connections. She advised that the request today is slightly different because the connection is to a force main and the Board has made considerations for those in the past, noting the Board will not be as lenient on granting waivers in the future. Acting Utilities Director Bob Titterington, advised that in the past the county has approved an advanced septic system with a 10 to 15 milligram per liter (mg/l) requirement. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. A motion was made by Commissioner Stone, seconded by Commissioner Zalak, to disagree with the DRC and approve the waiver request, with the requirement that the advanced treatment system has to meet the 10 to 15 mg/l requirement. The motion was unanimously approved by the Board (5-0) Request to Uphold DRC's Denial Regarding Waiver Request LDC B(2)(a) - Wastewater Connection for New Single Family Residential for the A Plus Homes Property Parcel # , Application #22455 The Board considered the following recommendation from Growth Services Director Martsolf, on behalf of the DRC: Description/Background: Section (2)(a) of the Land Development Code provides that new single family residential in the Urban of Rural area shall connect to a central sewer system if a sewer line from a central sewer system with available capacity is within a connection distance of 400 feet and connection may be made Book Y, Page 655

54 to the existing sewer line using a gravity line or an on-site pumping station. The applicant's statement of justification for the requested waiver is as follows: The applicant requests waiver because there is a considerable difference in cost to create an easement, install a meter on the wall, engineer and install 370' of 12" forcemain & pump station. This cost is over seven times the amount to install a septic tank. Also, they would have to go under three existing driveways to connect. Otherlot owners wouldbe able to connect to a line that theypay for. Applicantpaid $ for a septic permit issued on August 1, 2018 permit #42-SO DRC action on October 8, 2018, by a vote of 5-0, was to deny the request. Budget/Impact: None Recommended Action: Motion to uphold the Development Review Committee's (DRC) denial of the waiver request. Mr. Martsolf advised that Items 14B2 and 14B3 are lots in Unit 13 of Silver Springs Shores and are within 400 feet of the connection distance requirement, noting the connection is to a force main. Commissioner Zalak advised that the connection would require a grinder pump. Mr. Titterington concurred. Michael Mazzurco, SE 7th Avenue, stated the situation is similar to the previous applicant. The property is located in Silver Springs Shores and the proposed cost to connect to the force main is between $27,000 and $28,000. He advised that the company has built quite a few of these houses in the past 2 years and this is the first time they have come before the Board requesting a waiver. The lots were purchased recently and the company did not realize they were in that situation or they would not have purchased the properties. Chairman Bryant opened the floor to public comment. There being none, Chairman Bryant advised that public comment is now closed. Mr. Titterington advised that if the Board approves the waiver they require an advanced septic system with a 10 to 15 mg/l nitrogen reducing system. A motion was made by Commissioner Stone to approve the waiver request, with the requirement that the advanced treatment system has to meet the 10 to 15 mg/l requirement. The motion died for lack of a second. Mr. Mazzurco advised that the health and septic permits were obtained prior to the July 1st standoff with the changes that are coming in January, A Plus Homes is offering affordable housing to residents in the county under $120,000 and the budget for that is a $2,700 septic tank. He stated an enhanced system is somewhere between $7,500 and $12,000, noting the houses will not appraise with that included. They are unable to build and sell those houses for $7,000 to $9,000 more; and therefore, are requesting they be allowed to use the permits already obtained for these 2 parcels. Commissioner Zalak questioned if the Board approves the waiver for these 2 parcels is the applicant willing to agree to an enhanced system if something else happens? Mr. Mazzurco advised that they will do what they have to do. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to disagree with the DRC and approve the waiver request without a nitrogen reduction requirement. The motion was unanimously approved by the Board (5-0). 14B3. Request to Uphold DRC's Denial Regarding Waiver Request LDC B(2)(a) - Wastewater Connection for New Single Family Residential for the A Plus Homes Property Parcel # , Application #22456 Page 656, Book Y

55 The Board considered the following recommendation from Growth Services Director Martsolf, on behalf of the DRC: Description/Background: Section B(2)(a) of the Land Development Code provides that new single family residential in the Urban of Rural area shall connect to a central sewer system if a sewer line from a central sewer system with available capacity is within a connection distance of 400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station. The applicant's statement of justification for the requested waiver is as follows: The applicant requests waiver because there is a considerable difference in cost to create an easement, install a meter on the wall, engineer and install 370' of 12" forcemain & pump station. This cost is over seven times the amount to install a septic tank. Also, they would have to go under Oak Run and one existing driveway to connect. Other lot owners would be able to connect to a line that they pay for. Applicant paid $ for a septic permit issued on August 1, 2018 permit #42-SO DRC action on October 8, 2018, by a vote of 5-0, was to deny the request. Budget/Impact: None. Recommended Action: Motion to uphold the Development Review Committee's (DRC) denial of the waiver request. This matter was addressed with Item 1462 A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to disagree with the DRC and approve the waiver request without a nitrogen reduction requirement. The motion was unanimously approved by the Board (5-0). 14B4. PUBLIC HEARING - To Consider Adoption of a Resolution to Close and Abandon That Portion of an Unnamed 15' Wide Half Street Located East of Hunter's Ridge Subdivision a Replat of Lots 1, 2, 7 & 8, Davis Tillson Lands, Plat Book E, Page 47 The Board considered the following recommendation from County Engineer Straub, Office of the County Engineer (OCE): Description/Background: This is a request to consider approval of a resolution to close and abandon that portion of an unnamed 15' wide half street located east of Hunter's Ridge Subdivision, Plat Book 5, Page 36 & 37, a Replat of Lots 1, 2, 7 & 8, Davis Tillson Lands, Plat Book E, Page 47 and renounce and disclaim any right of the County and the Public. During the required notification process, several objections were received from adjacent property owners located in Shady Wood, Unit 2 Subdivision. This request and the objections received were considered by the Development Review Committee (DRC) on April 30, 2018 and it was the committee's recommendation that the petition be granted. Budget Impact: None. Recommended Action: Motion to adopt the resolution closing and abandoning that portion of an unnamed 15' wide half street located east of Hunter's Ridge Subdivision, Plat Book 5, Page 36 & 37, a Replat of Lots 1, 2, 7 & 8, Davis Tillson Lands, Plat Book E, Page 47 and authorize the Chair and Clerk to execute the same. Mr. Martsolf commented on the request to adopt a Resolution to close and abandon a portion of an unnamed, 15 foot wide, half street located east of Hunter's Ridge Subdivision. It is a replat of lots in the old David Tillson land plat and goes back to Plat Book Y, Page 657

56 Book E. The request was heard by the DRC who recommended a motion to adopt the Resolution closing and abandoning those portions of the road. Residents from the subdivision to the east are present today. He advised that once the right-of-way (ROW) is abandoned the legal interpretation is that all 15 feet will go to Hunter's Ridge Subdivision. County Engineer Tracy Straub, OCE, advised that this particular ROW is an oddity; it was not part of the original plat and upon reviewing how the county abrogated it, as well as based on where it is located with the section line; the neighborhood to the east is outside of the section line, and because it was not part of the original plat, it cannot go to them. The residents that made the petition are the ones that are appropriately able to receive that parcel of land. Commissioner Zalak stated when the easement was given it was wholly given from the one subdivision and that property. Ms. Straub advised that it is unclear. The property is not part of the replat and is not part of the original plat. Commissioner Zalak questioned if the property is within the section line? Ms. Straub stated it is wholly within the section line and staff has decided that it stays within the section line. She advised that the property is a nuisance to the county, noting there are tree issues that have to be contended with periodically. Commissioner Bryant questioned why the property is not being treated like any other easement the county vacates and split down the middle. Ms. Straub advised that County Attorney Minter did not personally review this item, but this was the guidance that OCE's Property Appraiser group was aware of from their experiences and is what was passed through legal. There was not anything that guided staff in any other direction and because of the section line and how the original plats evolved staff felt they were making a consistent decision. Gary Crawford, SE 24th Terrace, advised that he is representing Hunter's Ridge Subdivision. Originally there was 30 feet of abandoned road and at the time Shady Wood was developed 15 feet was absorbed. He stated the property has been used as yard waste disposal and has been a conflict between the neighborhoods, which is the reason residents are trying to move forward with the separation. In response to Mr. Minter, Mr. Crawford advised that the easement was originally 30 feet, but upon development of Shady Wood Subdivision 15 feet was absorbed. He stated as far as what he has learned through this process the original easement was 30 feet. Mr. Minter questioned how 15 feet of the easement became abandoned. Mr. Crawford advised that he was unsure, noting the property line for Hunter's Ridge Subdivision stops and there is a 15 foot mess in between. Commissioner Zalak stated staff should have discovered that when the survey was completed. Ms. Straub advised that a survey was not done. There is an old unrecorded plat and a modern plat was placed on top. She stated staff did not convey to her that there was a previous 15 feet that had been released, noting she is only aware of the current 15 feet, which is at the section line on Hunter's Ridge's side. Mr. Crawford advised that in the last meeting discussion took place regarding the 30 feet. He stated the property was surveyed and it was provided in the application. In response to Commissioner Zalak, Mr. Crawford stated the survey was provided by him and staff received a copy. Ms. Straub advised that the survey is displayed on the overhead screens and shows a 15 foot easement. Page 658, Book Y

57 Mr. Crawford stated the easement only consists of 15 feet now, but in the past was 30 feet. Commissioner Zalak advised that the 30 feet was before the modern plat was completed and the subdivision was developed. Mr. Crawford concurred, but at this time it is 15 feet. The only concern with splitting the property is that some neighbors are going to do something with the property and some will not. Everyone in Hunter's Ridge decided they will clean it up if awarded the property. Jimmy Gooding, SE 36th Avenue, advised that the reason it is typically thought that when a street is abrogated it goes half and half is because that is the rule when the road is an internal road in a subdivision. When it is an external road; however, all of the property reverts back to the property from the plat where it was created. If Hunter's Ridge is west of the yellow on the map shown on the overhead screens and they are petitioning to vacate 30 feet then they will get the 30 feet. Ms. Straub advised that dimensions are not included on the original document, which is part of the problem. She referred to the map on the overhead screens, which shows the plat line boundary, the section line, and a 15 foot gap. Mr. Gooding opined that the original plat must have been 15 feet. Ms. Straub advised that staff does not have dimension, but it is what they believe. Mr. Gooding advised that if the road is vacated it all goes to the property to the west, which is Hunter's Ridge Subdivision and by matter of law the Board does not have to take any action. If the road is vacated and the east or west disagree it becomes a civil matter. All the Board has to do is vacate the road then common law decides who is awarded the property. The property will go back to the plat that created it even if that plat no longer exists. Chairman Bryant stated the plat that created the property is Hunter's Ridge. Mr. Gooding concurred. Commissioner Zalak advised that the county is only making the decision to vacate the road. Mr. Gooding stated if the parties disagree they can go to court for a resolution. In the old days people would go to the city and request a road be vacated and a Quit Claim Deed be issued, but the city stopped doing this, partially because the city attorney advised that they were getting involved in private disputes. Where the property is going to go is a matter of law and whether a Quit Claim Deed is given does not help at all. In response to Ms. Straub, Mr. Crawford advised that Hunter's Ridge is only applying for 15 feet, noting the 30 feet was something that was brought up to him during the process. Commissioner Zalak stated the Board is only making the decision to vacate or not vacate the road and where the property goes will be the court's decision if residents choose to protest afterward. Mr. Minter concurred. Chairman Bryant opened the floor to public comment. Christine Sandy, SE 25th Avenue, advised that she purchased the property in 1986 and the survey from that time identified the 15 feet and went on to say that it was part of the Davis Tillson property. She stated in 1998 she refinanced her property and at that time a survey was done and shows the property as plat number 6. Prior to development of Hunter's Ridge the property was all trees. Ms. Sandy advised that when Hunter's Ridge was platted she considered purchasing the piece of property, number 15, behind her property, but decided against it because there was a 15 foot buffer that she understood belonged to the county. Book Y, Page 659

58 Ms. Sandy advised that when a tree from the property fell on her property she was informed by staff that the county was not responsible and she would have to pay to have it removed, noting a year later a second tree fell and again she had to pay for the removal. She stated when the second tree was removed she had the entire 15 feet cleaned out, landscaped and has cared for that piece of property since Cynthia Little, SE 25th Avenue, advised that neither the county nor the city take care of the property, noting it is the residents who chose to take care of the property. Some residents take really good care of it, while others prefer it to be overgrown. She stated previous owners in Hunter's Ridge have dumped trash in the area, which she has cleaned. Ms. Little advised that not everyone in Hunter's Ridge wants this to happen, noting one homeowner has not signed the petition. She requested the Board leave the road as a half road between the 2 subdivisions. Prior to this issue there were not any problems between the 2 subdivisions. Lee Herrera, SE 25th Avenue, commented on issues with snakes on the property. She advised that upon moving in she did not understand about the 15 feet behind the property, but was told that the prior owner maintained the 15 feet. Ms. Herrera stated she took it upon herself to start maintaining the property and expressed concern with Hunter's Ridge residents not maintaining the property in the future. In response to Commissioner Gold, Ms. Herrera advised that multiple lots in Hunter's Ridge have privacy fences and there is no access to the 15 feet. She noted one privacy fence appears to have already encroached far over the 15 feet. Robert Jordan, SE 25th Avenue, stated the property is not a nuisance because to his knowledge the city and county have done nothing, noting he maintains the property on a weekly basis. The property does not have grass, but is dirt, leaves and pine straw. He advised that over the last decade he has spent thousands of dollars on trees that have fallen from that area. Mr. Jordan requested the property remain status quo. He opined that if anything is done with the property it should be split between the two subdivisions. Joe Fugate, SE 35th Street, advised that Shady Woods residents have maintained the property, noting no one from the other end has done anything other than use his property for a public dumping ground. Yard debris is thrown on the property, which he has removed or paid to have removed. Chairman Bryant advised that public comment is now closed. Mr. Crawford stated it has been mentioned several times that no one owns the property and no one cleans it up, which is one of the reasons Hunter's Ridge is trying to have this approved, to ensure someone is responsible for the property. Chairman Bryant advised that residents have spent a considerable amount of money cleaning trees that have fallen. Mr. Crawford stated Hunter's Ridge is the only development on that side of the street that is in the City of Ocala and they do have yard debris pick up. He advised that some people do take care of their yards, but the ones behind his property used the property as their yard debris disposal and he was constantly cleaning the area. Mr. Crawford requested the Board consider the matter since they took the initiative to move forward and be proactive. In response to Commissioner Gold, Ms. Straub advised that the county has changed its philosophy on tree removal in recent years. There was a long standing policy that if there is ROW that had been dedicated to the county through whatever means, but had never gone through an acceptance, the county would not respond. Beginning last year the county started going in and providing those responses. Staff does not go in and maintain Page 660, Book Y

59 trees or provide any other services. Ms. Straub advised that if the county does not take any action today staff will respond as needed. Commissioner Zalak stated if the Board decides to allow the road to be abrogated and trusting that the testimony will hold up in court the property will go back to Hunter's Ridge. He questioned how the property would be maintained going forward. Mr. Crawford advised that Hunter's Ridge does not have an active Homeowner's Association (HOA), but before the application was submitted residents discussed that everyone will take steps to clean up the property and move the fences back to add it into their yards. Chairman Bryant advised that if the Board abandons the road they would be giving Hunter's Ridge residents 1,500 feet of property. Mr. Crawford stated the additional property will create tax revenue. Chairman Bryant advised that technically the property is the county's and if the Board abrogates the road it will give each one of those property owners an additional 1,500 feet of property, which will add value. Commissioner Zalak stated it will not take away value from anyone else. In response to Chairman Bryant, Commissioner Zalak advised that Board is not deciding who is awarded the property, as that is decided by who gave the property, noting the property is located on the section line. Chairman Bryant stated based on the testimony the 15 feet was already in place prior to Hunter's Ridge being platted back in Ms. Straub advised that Hunter's Ridge is a replat of the Davis Tillson Subdivision and Shady Woods is the adjacent subdivision. Commissioner Zalak advised that the 15 feet was never part of the Shady Woods Subdivision. Chairman Bryant stated the 15 feet was not part of either subdivision. Ms. Straub concurred, noting the original plat was part of the Davis Tillson Subdivision and when Hunter's Ridge was created the 15 feet was left behind. Commissioner Zalak advised that the property never belonged to Shady Woods. When Hunter's Ridge was platted the 15 feet was not included because it was already a county assigned easement. The 15 feet belongs to the county and if the Board decides to vacate the property it should go back to the property owner that gave the easement, which can be determined in court. He stated if the county does not vacate the road then it will have to maintain it. Chairman Bryant clarified that the county would not maintain it, but will take action if any tress fall. Commissioner Zalak advised that the property is a liability for taxpayers in Marion County and does not serve a public purpose. In response to Commissioner Gold, Ms. Straub stated there are a lot of similar roads within the county. Staff has been acting on these matters as they are brought forward, but they are on the departments "to do" list. She opined that the original intention of the easement was probably intended to be a street, but that did not happen in this case. Ms. Straub advised that one property owner did not join the petition, but did submit an affidavit of no objection. Mr. Minter stated if the Board continues this matter to the next meeting he will review the item and provide an opinion. Chairman Bryant stated that would probably be the best for the Board at this point. Commissioner Zalak questioned if there is an effective device which the county can use to ensure the property is maintained. Mr. Minter advised that he will review the matter. Commissioner Stone stated if the property is not maintained it would become a Code Enforcement issue. Book Y, Page 661

60 Commissioner Zalak advised that if the Board vacates the property it will be part of the City of Ocala. Commissioner Bryant stated that would be another issue and questioned if Hunter's Ridge being an enclave within the city complicates things because the15 feet is county property. Mr. Minter advised that he will review several of these issues. Chairman Bryant stated the Board will continue this matter to allow legal to review and provide an opinion before the Board moves forward with a decision. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to continue Item 14B4 to Tuesday, November 20, The motion was unanimously approved by the Board (5-0). 14C. Planning and Zoning Items for Individual Consideration: 14C Z - Agnes Albright, Trustee, R-1 to R-4, 6.62 Acres The Board considered a petition by Agnes E Albright, Trustee (owner) / Justin Albright (applicant), PO Box 725, Ocklawaha, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from R-1 (Single Family Dwelling) to R-4 (Mixed Residential), for all uses permitted including, a mobile home, on approximately 6.62 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 13 = 8%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Colen, seconded by Mr. Langley, to agree with staff's findings and recommendation and recommend approval of the requested zoning change 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. Vote was 7 to 0. Senior Planner Kim Dinkins, Growth Services, advised that Items 14C1 and 14C2 are companion rezoning and Special Use Permit requests to rezone from R-1 to R-4 and a Special Use Permit for parking a truck and trailer on that property. She noted it is a 6.62 acre site at the edge of the urban growth boundary (UGB). Sandhill Estates is a residential community to the south, state owned land is to the north and municipality owned land is to the east. The parcel is a little odd and is the only R-1 parcel in the vicinity, so creating the R-4 zoning is consistent with the surrounding area. Ms. Dinkins stated there is concern with the Special Use Permit; however, staff is supporting the request for the Special Use Permit. This is a large acreage tract, it is one parcel, one unrefrigerated unit, with specific requirements for access and timing of access. Maintenance and repairs will be prohibited and there is only a 3 year duration on the permit, which will allow staff time to ensure it stays compatible with the area. Chairman Bryant stated there will be a maximum of 8 round trips for a total of 16 accesses per month. Ms. Dinkins concurred and advised that the applicant will be required to coordinate with the school system to ensure that he is not coming in and out during school bus times. In response to Commissioner Zalak, Ms. Dinkins advised that a site plan was provided in the agenda packet, which shows the vehicle will be parked to the southeast of the property. Justin Albright, SE 14th Street, advised that the person purchasing the property from him owns the truck, noting the VIN (Vehicle Identification Number) and pictures were submitted. The site location of the truck will be in the northeast corner and at least 100 Page 662, Book Y

61 feet from the south property line. East to the property is the City of Ocala's power line easement and to the north is state property. The only neighbors are to the south and are decent sized parcels with mobile homes. He stated he listened to concerns of the neighbors and has no problem going along with the trips and staying out of the time slots of school bus stops. Commissioner Stone questioned if there is vegetative buffering. Mr. Albright advised that there is a vegetative buffer to the east and north. There are scattered woods to the south and if needed more vegetation can be added. In response to Commissioner Zalak, Mr. Albright stated the vehicle would be parked all the way to the north end of the property, noting the property is approximately 300 feet wide. The proposed location was drawn prior to hearing concerns from the neighbors. He advised that parking will stay within 50 feet of the north boundary and if additional plantings are needed to buffer the vehicle they will be created. Commissioner Stone advised that the truck is the issue and needs to be buffered. Commissioner Zalak stated the property is up against other mobile homes. Chairman Bryant concurred, noting it is a mobile home community. Chairman Bryant opened the floor to public comment. Robert Harnois, NE 40th Avenue, requested the Board add no hazardous material loads to the conditions. He advised that school bus stops are in the mornings from 6:00 a.m. to 8:00 a.m. and in the afternoons from 2:30 p.m. to 4:30 p.m., noting reentry should not be allowed at these times. Mr. Harnois stated no tire maintenance should also be included with no mechanical maintenance. Chairman Bryant advised that all these issues have been addressed in the conditions. In response to Chairman Bryant, Mr. Harnois stated he has not read the updated conditions. Commissioner Zalak stated the conditions do not specify hazardous material, but that can be added. Ellis Carrier, NE 38th Terrace, expressed concern with noise and the smell of diesel fuel that will come from the truck, as well as the effects it will have on the value of his property. He stated if this truck is allowed more will come to the area. Chairman Bryant clarified that the semi truck will be parked in the northeast corner and a 20 foot vegetative buffer will be around the parking area. Mr. Carrier questioned how long it will take for the vegetative buffer to grow and what will it be made of. Commissioner Zalak advised that typically something similar to viburnum is planted. Chairman Bryant stated the buffer has to grow to 6 feet in height within 2 years. Mr. Carrier requested a cement buffer be required similar to areas on Baseline to reduce the noise. Linda Benton, NE 38th Terrace, advised that there are gopher turtles that live on the property and travel to her property. She questioned if there was a stipulation that could be included to provide a free path for the gopher turtles. Chairman Bryant stated the county does not regulate that and Ms. Benton would have to speak with the FWC. The Board is not platting a development and does not have that as part of the conditions. She directed Ms. Benton to speak with the new owner to make them aware and see if they will consider having something for the turtles. Gail Sanchez, NE 38th Terrace, expressed concern with noise and disruption the truck will bring to the quite neighborhood. She advised that in the past 2 other people parked their trucks in the neighborhood, but were required to move. Chairman Bryant stated residents who were parking the semi in the neighborhood did not go through the process Book Y, Page 663

62 for permission first. If they had applied they would have had a hearing similar to this hearing to determine whether they could park in the neighborhood. She advised that as part of the conditions the applicant will only make 8 round trips per month and the truck will be parked in the northeast corner of the property. Chairman Bryant advised that public comment is now closed. Mr. Albright advised that Gary Miller (applicant) has been driving a truck for a decade and a half and will be a good neighbor. The plan is to install a brand new mobile home on the property in the first part of next year and moving forward will live at the location. Chairman Bryant clarified that the new owner will place a brand new mobile home on the property, which will require him to stabilize the road entering the property. She advised that the property will be improving. Mr. Albright concurred. Mr. Albright reiterated that the truck will be parked in the northeast corner and a brand new mobile home will be placed on the property. He stated they are required to stay 25 feet away from the gopher turtles when building on a piece of property. Mr. Albright advised that from the northeast corner of the subject site to Ms. Sanchez's property is approximately 800 feet. The property is 980, feet by 300 feet, which is a big piece of property. He stated from the east boundary a person cannot see the northeast corner, noting there is a terrain change. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to approve the Zoning Change from R-1 to R-4, agreeing with Growth Services staff and the P&Z Commission, based on findings and recommendations that the proposed use will not adversely affect the public interest, is consistent with the Comprehensive Plan and is compatible with the surrounding land uses. The motion was unanimously approved by the Board (5-0). Mr. Minter clarified that the motion includes Item 14C2. It was the general consensus of the Board to concur. 14C SU - Agnes Albright, Trustee, Special Use Permit in R-4, 6.62 Acres The Board considered a petition by Agnes E. Albright, Trustee (owner) / Justin Albright (applicant), 2420 SE 14th Street, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for parking a commercial vehicle (tractor & trailer) in an R-4 (Mixed Residential) zone on approximately 6.62 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 13 = 8%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lord, seconded by Mr. Colen, to agree with staffs findings and recommendation, and recommend approval of the requested Special Use Permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. Vote was 7 to 0. The P&Z Commission recommended the following added conditions: - No more than 8 round trips per month. - Restricted from coming in or out when children would be at the bus stop. - Access will only be 49th Street. It was noted that both Growth Services Department staff and the P&Z Commission recommends approval of the Special Use Permit with the following conditions: Page 664, Book Y

63 1. The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval. 2. The owner/operator of the commercial vehicle shall reside onsite. 3. This Special Use Permit shall run with the applicant (Gary Miller) and not the property. 4. The Special Use Permit is limited to a maximum of one (1) commercial vehicle specifically a commercial trailer and tractor (VIN 4V4NC9GH17N397605). 5. The parking/storage of a refrigerated unit(s) is prohibited. 6. A vegetative buffer is required to screen the commercial truck parking area from adjacent properties. The buffer will extend at least 20ft beyond all extents of the parking area, and grow to a height of six feet within two years. 7 The applicant will be subject to requirements for a Major Site Plan if the parking area, roadway, driveway and home exceeds thresholds as defined in the LDC. 8. No mechanical repairs/maintenance on the commercial vehicle shall take place on-site. 9. The applicant may be required to stabilize the roadway and driveway. Within 30 days of approval of this SUP, the applicant must coordinate with the Office of the County Engineer to determine what, if any, improvements are necessary. Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed prior to locating the commercial vehicle onsite. 10. A maximum of eight (8) round-trips (16 total) is permitted for the commercial tractor and trailer per month. 11. No ingress or egress of the commercial vehicle is allowed within 30 minutes of before-and-after-school scheduled bus stops. It is the applicant's responsibility to be aware of and abide by these times. 12. Ingress and egress to the property must be from the northernmost extent of NE 38th Terrace as it extends west-east from NE 40th Ave Rd. Travel on the portion of NE 38th Terrace that is oriented north-south is prohibited. 13. The Special Use Permit shall expire on October 16, The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future. This matter was discussed with Item 14C1. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to adopt Resolution 18-R-436 granting the Special Use Permit with Conditions 1 through 13, as amended (see below), agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 5: The parking/storage of a refrigerated unit(s) is prohibited. Further, no hazardous materials are allowed to be contained within the unit when parked/stored onsite. CONDITION NO. 8: No mechanical repairs/maintenance, including tire changes on the commercial vehicle shall take place on-site. The motion was unanimously approved by the Board (5-0). Book Y, Page 665

64 14C SU - Edward O'Hanrahan Jr., Modification of a Special Use Permit in A-1, 1 Acre The Board considered a petition by Edward J. O'Hanrahan (owner/applicant), W. Marlin Court, Homosassa, FL, for a modification of Special Use Permit #120605SU (12- R-217), Articles 2 and 4, of the Marion County Land Development Code, to place the family cemetery into a Trust; including perpetual maintenance, and modify access to an existing driveway on SE 59th Street on west side of parcel in an A-1 (General Agriculture) zone on an approximately 5.0 acre "portion of acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 10 of 16 = 63%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Colen, seconded by Mr. Gaekwad, to agree with staff's findings and recommendation, and recommend approval of the requested Special Use Permit Modification 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. Vote was 7 to 0. The P&Z Commission recommended the following: - Transfer ownership of only the one acre cemetery area that was approved by existing Special Use Permit, to a family trust with an additional easement from 59th Street to be worked out before BCC. Growth Services Director Martsolf presented a 4 page document containing amended Special Use Conditions; a map marked Exhibit A; and a rendering of the buffer conditions. He advised that this is a request for a modification to an existing Special Use Permit that was granted in 2012 for a cemetery. The request is on one acre of a 19 acre piece of Mr. O'Hanrahan overall holdings on SE 59th Street. The Special Use Permit modification includes 2 main conditions; one being the ownership of the property was required to stay in the O'Hanrahan's holding; the second is access to the cemetery was to be the main access to the house, which is in need of some modification. A Judgement for Dissolution of Marriage and the Settlement Agreement included the transfer of the cemetery holding from Mr. O'Hanrahan to a family trust, that trust is to be perpetually maintained by the 2 entities and stay in the trust's name. Mr. Martsolf referred to the original application shown on the overhead screens for the cemetery area of 1 acre to be transferred into the family trust along with an additional 4 acres to be in the trust holdings. A stipulation of that settlement from the judge was between 1 and 5 acres and it is up to the county to decide. Staff recommendation mimics the P&Z Commission's recommendation, which is the original 1 acre cemetery to be transferred to the family trust along with an easement to the existing access on the western end of the property for Mr. O'Hanrahan's private access. The remainder of the property will then be transferred to Mr. O'Hanrahan's exwife. It was noted that both Growth Services Department staff and the P&Z Commission recommend approval of the modified Special Use Permit with the following Conditions: 1. This is a modification to Special Use Permit SU and Resolution 12- R The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. Page 666, Book Y

65 3. The proposed family cemetery site shall be limited to an area of one (1) acre and for immediate family members only, as indicated by the application's conceptual plan. 4. The site shall be developed in accordance with all applicable state and federal regulations concerning the construction and operation of the cemetery facility, with the exception of funding requirements for perpetual maintenance. 5. The parties shall obtain a boundary survey of the proposed Family Trust parcel and submit all necessary application or requirements to the County for final approval of property size and configuration. 6. Access to the subject property shall be via SE 59th Street via the existing driveway to the home on the property; and a secondary access point for Mr O'Hanrahan's private use via existing driveway to west of the original approved access. This access may be provided by easement which shall be a minimum of 40' in width and located as to permit entry to property and direct access to Family Trust parcel. 7 No cemetery structures, improvements, or remains shall be placed or buried within a 25' setback from the north, east, and west cemetery boundaries or within a 50' setback from the south boundary along the SE 59th Street rightof-way, with the exception of the site's landscaping. 8. The site shall be buffered as proposed on the buffer site plan and elevation plan attached hereto as Exhibit A and Exhibits B. 9. The cemetery site shall not include a perimeter or internal wall or fence greater than eight (8) feet in height and any structures, monuments, statues, mausoleums, etc. within the cemetery shall not exceed a height of fifteen (15) feet, as measured from the highest point to the pre-existing ground level of the proposed cemetery location. 10. All provisions of the Judgement requiring that the parties sufficiently fund the Family Trust equally with assets sufficient to preserve and maintain the parcel and crypt in perpetuity shall be abided by. Any change of ownership shall require filling an application to amend this Special Use Permit. The applicant was not present. Chairman Bryant opened the floor to public comment. Marty Smith, SW 3rd Street, advised that he is speaking on behalf of Tracy O'Hanrahan, the spouse that will be receiving the balance of this property. He stated they have worked along with the P&Z Commission, Mr. Martsolf, and had extensive discussions with Mr. Gooding on behalf of a number of the neighbors and everyone is in agreeance that the biggest concern is whether this is 1 acre or 5 acres. Everyone is in total agreement that 1 acre is more than sufficient and is staff's recommendation. Tommy Bond, SW 3rd Street, stated he was Ms. O'Hanrahan's divorce lawyer in the proceedings that took place last year and under court order Mr. O'Hanrahan was required to file this application and to comply with the terms of their mediated martial settlement agreement, which is a written agreement both parties entered into and not something ruled on by the court. The court accepted the terms of the agreement reached by the parties, that agreement specifically states that the size of the cemetery plot is to be determined by the county and that the size can be no less than 1 acre, which the county approved in 2012, and not more than 5 acres. Mrs. O'Hanrahan will own the remaining approximate 52 acres surrounding the property and requests that 1 acre be placed in the Book Y, Page 667

66 family trust, which includes Mr. and Mrs. O'Hanrahan and the parties grown daughter, as well as granting Mr. O'Hanrahan access as suggested by staff. Chairman Bryant opined that there is not anyone on the Board that intends on increasing the size of the cemetery. Jimmy Gooding, SE 36th Avenue, advised that he is present today representing Jeff and Sloan Daum, who are the neighbors across from the new access point. The settlement states the it will be 1 acre, unless a larger parcel is required by Marion County authorities, not to exceed 5 acres. He stated Mr. Martsolf adequately explained the conditions, but he wanted to emphasize for his clients prospective the significance of Conditions 6 and 8. Mr. & Ms. Daum opposed the cemetery when it was originally created, but it is there and so the proposal to place it into a trust is not a significant issue. The original issue was the size and new access point. Their original position was Mr. O'Hanrahan had access through Ms. O'Hanrahan driveway, which should be sufficient, but Mr. O'Hanrahan was adamant that he wanted to visit in piece and quite. Mr. Gooding advised that his clients want to ensure that if Mr. O'Hanrahan uses the entrance across from the Daum's property that it be just for him to visit in piece and quite, which means no paving, replacing it with a gate other than the one already in place or signage. The only other issue is originally there was a tree plan of buffers along the road, which the applicant has planted, but they do not provide an opaque buffer. They are requesting that within 2 years a visual buffer be provided. Mr. Gooding reiterated that the Daum's did not want the crypt there from the beginning and they do not want the new access, but if they are unable to see it they will not complain. He encouraged the adoption of revised staff conditions. In response to Chairman Bryant, Mr. Gooding advised that the revised conditions include the language that within 2 years there will be a visual buffer. Chairman Bryant advised that public comment is now closed. In response to Commissioner Stone, Mr. Martsolf advised that the current gate is a farm gate and cannot become an ornate gate. Chairman Bryant questioned if staff foresees a need for a driveway apron. Mr. Martsolf stated it all depends on how much the entrance is utilized and if the edge of the road starts to degrade. Ms. Straub advised that OCE does not go out looking for driveways, when they come to staffs attention and they see it is a well used driveway then the owner will have to bring the driveway up to standards. She stated from the pictures provided she does not see road damage or that it is a well used driveway. If for some reason farm activity began to occur or the property was split off and a home was developed then a conversation would have to take place. Chairman Bryant stated the gate will be strictly used for that easement and nothing else. Ms. Straub advised that it is an access easement, which means it is still an easement and available to the original parcel. Chairman Bryant advised that traditionally Ms. O'Hanrahan has not used that gate, noting she has access to the rest of the property in many other ways throughout the property. Mr. Bond stated Ms. O'Hanrahan will own the property. It is currently in Mr. O'Hanrahan's name, but one of the requirements is once this is complete Mr. O'Hanrahan will deed it to Ms. O'Hanrahan, but it is an access. The gate is a farm gate that has been used by her for her cattle and she wants to be able to continue to use that for that purpose because she will own the surrounding land. Mr. O'Hanrahan would only have the recommendation of the county to use the 40 foot easement to access the 1 acre trust property. Page 668, Book Y

67 Chairman Bryant reiterated that traditionally Ms. O'Hanrahan does not use that gate a lot and does not see that changing. Mr. Bond concurred and stated Ms. O'Hanrahan does not plan on doing anything different with the access at this point. In response to Mr. Minter, Chairman Bryant advised that the buffer will be required within 2 years of today's date. Mr. Martsolf referred to a picture shown on the overhead screens, which is directly perpendicular to the crypt and only a small portion of the crypt can be seen. The shrubbery has been trimmed since the picture was taken, but in order to see the crypt you would have to be looking. A well-established bottle brush is in the front and some evergreen trees in the back, which will be easy to fill in over the next 2 years. A motion was made by Commissioner Stone, seconded by Commissioner Gold, to adopt Resolution 18-R-437 granting the Special Use permit with Conditions 1 through 10 as amended (see below), agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 5: The parties shall obtain a boundary survey of the proposed Family Trust parcel and that survey legal description shall be used to update and/or correct the recorded Notice of Burial if different. All necessary application or requirements shall be submitted to the County for final approval of property size and configuration. CONDITION NO. 6: Access to the subject property shall be via SE 59th Street via the existing driveway to the home on the property; and a secondary access point for the private use of Edward O'Hanrahan and his heirs (but not assigns) using the existing driveway that is located west of the cemetery site. The secondary access shall be provided pursuant to an easement that limits the use consistent with this Resolution. No improvements (including paving or other stabilization) may be made to the secondary access driveway, other than mowing, or to the gate at the gate at the secondary access (except that such gate may be replaced by a gate substantially similar to the existing gate). No signage identifying or concerning the family cemetery shall be installed at either access. CONDITION NO. 7: No cemetery structures, (including crypts) improvements, or remains shall be placed or buried within a 25' setback from the north, east, and west cemetery boundaries or within a 50' setback from the south boundary along the SE 59th Street right-of- way, with the exception of the site's landscaping. CONDITION NO. 8: The site shall be buffered as proposed on the buffer site plan and elevation plan attached hereto as Exhibit A. The buffers on SE 59th Street shall be planted and maintained so as to provide a full visual buffer (i.e., to preclude viewing any cemetery structures located on the family cemetery site) within two years of the date of this Resolution. CONDITION NO. 10: The cemetery site may be conveyed to a Family Trust as set forth in that certain Final Judgement of Dissolution of Marriage, Case No.: DR FC, in the Circuit Court of Marion County, Florida. The Family Trust shall be sufficiently funded, as required by the Final Judgement, with assets sufficient to preserve and maintain the family cemetery site and cemetery structures in perpetuity. Any change of ownership shall require filling an application to amend this Special Use Permit. The motion was unanimously approved by the Board (5-0). Book Y, Page 669

68 Chairman Bryant passed the gavel to Commissioner Stone, who assumed the Chair. Commissioner Bryant out at 3:38 p.m. 14C SU - Shawn and Keri Bowman, Special Use Permit in R-1, 3.12 Acres The Board considered a petition by Shawn and Keri Bowman (owner/applicants), 2385 SE 62nd Street, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a detached professional office for personal training and massage therapy with a 2' x 4' business sign at front of property in an R-1 (Single Family Dwelling) zone on approximately 3.12 acres of Parcel Account No WRITTEN OPPOSITION WITHIN 300 FEET: 1 of 14 = 7%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad, seconded by Mr. Langley, to agree with staff's findings and recommendation and recommend approval of the requested Special Use Permit based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. Vote was 6 to 0 with Mr. Thompson abstaining due to a conflict of interest. The P&Z Commission recommended the following conditions: - Limited identification sign 6 square feet in size and located on entrance fence. - No employees except husband and wife, owners. Growth Services Director Martsolf commented on the Special Use Permit request for a professional office consisting of a personal trainer and massage therapist, who are both one and the same, the applicant lives on the property with his wife and will be the sole occupant of the office. The applicant is a licensed therapist and trainer. The proposed building will be 40 by 50 foot and located in the clearing on the east side of the property near the mobile home sales lot on Highway 441 and the drainage easement that is directly behind the property. Commissioner Bryant returned at 3:40 p.m. Chair Stone returned the gavel to Commissioner Bryant, who resumed the Chair. Mr. Martsolf advised that east of the property is zoned residential B-4, drainage easements, and to the west is similar property, large acreage residential uses. He provided a brief description of the pictures included in the agenda packet and shown on the overhead screens. The building will be pushed well back behind the tree line and parking will be as shown, in front of the house. The applicant schedules one client at a time so there will not be an abundance of vehicles. In response to Commissioner Stone, Mr. Martsolf advised that the building will be placed a little further north than what is shown in the agenda packet. The conditions include some changes from the P&Z Commission, there were some erroneous conditions that were likely from a cut and paste that indicated a much larger sign. The applicants only intent is to have 6 square foot sign that says "Endless Journey", which is the name of the business, similar to a farm sign and placed on the entrance fence. Condition No. 7 changed substantially from 3 employees, the applicant has no intention of having employees. Hours of operation, standard comments and administrative renewal is included in the conditions. Chairman Bryant questioned if there is a conceptual drawing of the proposed building. Mr. Martsolf advised that he does not have it today, but the applicant has provided one, Page 670, Book Y

69 noting it is a metal building that will look like a workshop. A portion of the building will be a permitted use for a workshop and storage. Chairman Bryant stated there will be no employees and only 1 client per session. She stated during the original meeting there was some information that the surrounding neighbors received that made the operations seem a lot larger than what it will actually be. Mr. Martsolf concurred. Commissioner Zalak questioned if the building was not proposed what would stop the applicant from training in his house. Mr. Martsolf advised that home occupation is permitted for up to 400 square feet in the house for an office. In fact, if this was zoned agricultural, which most 3 acre parcels are in the county, the applicant could actually do it in a detached structure up to 600 square feet. It was noted that both Growth Services Department staff and the P&Z Commission recommend approval of the Special Use Permit with the following Conditions: 1. The Special Use Permit shall be developed consistent with the concept plan and is for massage therapy and personal training only. Any change in or expansion of uses will require an amendment to the SUP. 2. Access will be from SE 62nd St at the existing, permitted driveway. 3. Parking shall be off existing driveway to main house at existing area sufficient for the scheduled arrival of patients. Parking area is located on the interior of the site where existing mature vegetation will be maintained. 4. A minimum of 25' of Existing vegetation shall be maintained and utilized for buffer on south and west side of building and parking. 5. A single on-site sign will identify the property as "Endless Journey". The sign will not exceed 6ft2 in size and 6' in height shall be permitted and at the entrance to the property. 6. Operating hours are limited to between 6:00am and 8:00pm. 7 The Special Use Permit shall run with for Shawn and Keri Bowman as owners, who shall reside on site and will be the only individuals that work the office. 8. This Special Use Permit shall expire September 24, 2023, however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or c. The Growth Services Director determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit process. 9. Granting this Special Use Permit shall not prevent further development of the property for other permitted R-1 residential uses. Keri Bowman, SE 62nd Street, applicant, stated the businesses purpose is to make a healthier community for everyone around. She advised that some people have expressed concern about a bus stop across the road, noting she works for the school system and is Book Y, Page 671

70 aware of the times. Ms. Bowman advised that she has a middle school student and high school student that will be transported to school by Mr. Bowman and clients will not be present during those times. Clients are only seen one at a time so it would be Mr. Bowman going back and forth to an office as opposed to somebody coming in, which is the same type of traffic. In response to Chairman Bryant, Ms. Bowman stated there will be roughly 5-6 clients a day for an hour long session each. Chairman Bryant opened the floor to public comment. John Rutledge, SE 62nd Street, presented a 4 page document containing a petition objecting to the Special Use Permit. He expressed opposition to a commercial building being developed in an R-1 zoned area. If the business was operated out of the home it would not be a problem, but building a commercial structure in an R-1 zone is the issue. Mr. Rutledge commented on the requirements that go along with having a commercial property (i.e. handicap accessibility, increased sewage system, water run off management, etc.) He advised that 35 surrounding properties signed the petition for a total of 46 signatures disagreeing with the application. In response to Commissioner Zalak, Mr. Rutledge advised that the structure in the back of his property is a barn. Cherie Yamin, SE 24th Avenue, stated the neighborhood is quiet and peaceful and she does not want to live by a commercial business. She expressed her concerns with safety, traffic, noise and sewage. In response to Ms. Yamin, Chairman Bryant advised that the applicant has stated there will not be any clients at the times children are going to and from school. She stated if the applicant violates any conditions of the Special Use Permit or does something other than what they said they were going to do a complaint can be filed with the Board and the Special Use Permit can be revoked. Chairman Bryant advised that the request is for a Special Use Permit and the Board does not plan to make it a commercial property. Commissioner Stone questioned where the bus stop is located. Chairman Bryant stated it is at the intersection of SE 24th Avenue and SE 62nd Street. Commissioner Stone clarified that the applicant already has the ability to operate the business out of his home today. Mr. Martsolf concurred, stating he can have a home occupation for an office like that of 400 square feet. Kelly Clark, SE 22nd Avenue, expressed concern with the neighborhood becoming a cut through for anyone coming from County Highway 475A. He stated at first there were going to be a couple of employees and now it has changed to just the applicants, noting he feels once approved it will turn into a few employees. David Tillman, SE 16th Avenue, Tillman & Associates Engineering, stated this keeps getting referred to as a commercial building; however, it is a 40 by 50 foot building, not much larger than Mr. Rutledge's barn. The facility will be placed behind vegetation, surrounded all the way around so that none of the neighbors will be able to see it from the street or their homes. The applicants could construct that building today with simply a building permit if they wanted, but are going through the Special Use Process to do things the right way. Mr. Bowman can do the occupational business in his home already and could have just converted it over and moved it into the building later and no one would have ever said a thing or known anything different, but instead did it the right way. Mr. Tillman advised that a handicap parking space will probably be required and if the facility exceeds 9,000 square feet by county regulations stormwater runoff will have to be addressed. Page 672, Book Y

71 Mr. Tillman stated staff added the employees as a reasonable condition and it was the applicants that during the P&Z Commission meeting clarified that it will only be them. He opined that the applicants are trying to do the right thing and should be rewarded. There are always time frames on Special Use Permits and will be something the Board can review if they are not following the Conditions. Cullie Woodall, SE 24th Avenue, commented on the increased traffic in the neighborhood and safety issues with the bus stop in the morning and afternoons. He stated it does not make sense that if the applicant opens a business in his home he is not required to have handicap bathrooms and handicap parking, but if a building is developed all that stuff is required. Chairman Bryant advised that the applicant will have to follow all the rules. Chairman Bryant advised that public comment is now closed. In response to Chairman Bryant, Mr. Martsolf advised that the height limit for an accessory use in R-1 is 20 feet, noting the building will be built to the standard Building Code. Ultimately the Building Department determines how the building will be classified and what Americans with Disabilities Act (ADA) requirements are needed, but because of the nature of the business the applicant will most likely want to accommodate handicapped people. Commissioner Gold stated from what Mr. Tillman said the applicant could build a building like this anyway and just say it is for storage/workshop. Mr. Martsolf concurred. Chairman Bryant questioned what portion of the building will be storage/workshop and what portion will be for personal training. Ms. Bowman advised that it will be half and half, noting it is a 3 acre property and they will need equipment to maintain those 3 acres, which will be stored in the workshop area. Mr. Bowman also has a vehicle that he works on and that will happen in the building. She stated the building will not be bigger than Mr. Rutledge's barn, noting they are not considering anything that will be an eyesore and is why it will be placed behind the trees. The building will not be visible from the road. Ms. Bowman advised that the business will not be advertised on the property, noting everything that they do is by word of mouth. The clients are very faithful, and several have been seeing Mr. Bowman for 6 to 7 years. In response to Chairman Bryant, Ms. Bowman advised that Mr. Bowman is a licensed and certified massage therapist and personal trainer, as well as a skin care specialist, but no medication will be prescribed. She stated the original P&Z Commission application came back to them for review and they were told a few things needed to be adjusted, but were under the impression those items would be adjusted prior to the meeting. When attending the meeting they noticed they were not and clarified that there will not be any other employees. Ms. Bowman advised that they are prepared to meet all ADA requirements, noting a massage establishment license is required as part of the business. A person will come in and check for all those types of things and ADA issues will be addressed during construction. In response to Commissioner Stone, Ms. Bowman advised that the building is needed for outdoor equipment to maintain the property and is an opportunity for a small business owner to try to make a better financial decision. She stated they want to be great neighbors and are available to address any concerns the neighbors may have at any time. Chairman Bryant questioned if the hours of operation were chosen by staff. Ms. Bowman stated she and Mr. Bowman discussed with staff what was a legitimate time frame and agreed that those hours will work. Book Y, Page 673

72 In response to Commissioner Stone, Ms. Bowman advised that the sign will be placed between the boards on the fence and will not go above the fence or in the entranceway. Chairman Bryant clarified that the sign is 2 foot by 3 foot. Commissioner Zalak stated people do this stuff in their homes all the time and do not ask for permission, noting it is much better to have a Special Use Permit in place so that if it is violated the Board can shut it down. A Special Use Permit gives the neighbors more control over the situation. A person has the right to do that in their home by law and to have an accessory structure. When the permit comes up for renewal neighbors can address issues with traffic or concerns and they can be remedied, or the operation can be shut down. He opined that it is better to allow the applicant to operate under the consensus of a Special Use Permit, that can actually put parameters in place. Commissioner Zalak advised that no other conditions need to be added, but the buffer may need to be more defined to state that it is 25 foot and the structure is not visible from the road or adjacent properties. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to adopt Resolution 18-R-438 granting the Special Use Permit with Conditions 1 through 9, as amended, agreeing with Growth Services staff and P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. CONDITION NO. 4: The buffering shall be sufficient to provide an opaque vegetative screening from neighboring property to the west and 62nd St to the south. CONDITION NO. 5: A single 2' x 3' on-site sign will identify the property as "Endless Journey". The sign will be placed within the area of the entry fencing. CONDITION NO. 6: Operating hours are limited to between 6:00am and 8:00pm. Clients shall not be scheduled to enter and exit during times when school bus pickup and drop-off occur at SE 62nd St. The motion was unanimously approved by the Board (5-0). Chairman Bryant advised that the Special Use Permit provides parameters and guidelines the applicant must follow. Commissioner Zalak stated if the neighbors have any issues with how the business operates or issues arise they can contact Code Enforcement and the item will be brought back to the Board for review. There was a recess at 4:19 p.m. The meeting resumed at 4:25 p.m., with all members present. 14C Z - Todd Rudnianyn and James Sweeny, III, B-2 and PUD to PUD, Acres The Board considered a petition by Todd B. Rudnianyn and James H. Sweeny III TR (owner) / Chris Armstrong, Armstrong Homes (applicant), 2441 NE 3rd Street, Suite 201, Ocala, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from B-2 (Community Business) and PUD (Planned Unit Development) to PUD (Planned Unit Development), for all uses permitted including, "Freedom Crossings" - Single Family Residential Community, on an approximate acre "portion of" acres of Parcel Account Nos , , , and PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 39 = 0%. PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Colen, seconded by Mr. Gaekwad to agree with staffs findings and Page 674, Book Y

73 recommendation, and recommend approval of the requested zoning change 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. Vote was 7 to 0. The P&Z Commission recommended the following conditions: Per applicant, remove wall. A 3 ft. berm be placed on the North and West side. Credit drainage retention area as open space. Chairman Bryant advised that originally this item was going to be continued, but because citizens are present to speak, the applicant is willing to go through with the public hearing, contingent upon the Developer's Agreement. Senior Planner Chris Rison, AICP, Growth Services, commented on the rezoning request. The property is located at the intersection of SW 95th Street and SW 60th Avenue and an amendment is being requested for the historic PUD. The property is a combination of Commercial and High Density Residential and was originally approved as a mixed use type of development with a multifamily and single family form. The request is to switch to a completely single family pattern and is not proposed to be an age restricted community. Currently, the property abuts the Bradford Farms Hamlet and 2 other residential subdivisions; JB Ranch and Majestic Oaks. Commercial areas for land use designation will be included in the PUD. Minimum density requirements for the development are being met. The project has a variety of housing types of 55, 65 and 75 foot wide lots and an adjustment for the corner lots to allow for additional supplemental setbacks. In response to Commissioner Zalak, Mr. Rison advised that because of the PUD the developer is able to go down to a smaller lot size. By creating the PUD at this level and these types the developer can meet the minimum density requirements that are required. The proposed plan increases the density and gets it closer to a higher level, but as a whole, the PUD does not meet the maximum density of the overall land uses that are allowed. Mr. Rison advised that the applicant has provided a general architectural styling for the single family homes, noting the styling provided features an elderly retirement population although the applicant has indicated at this point the PUD will be family housing. Staff does have some concerns regarding the request. The traffic study is currently in progress and they are working through the methodology. Buffer requirements under the current Developer's Agreement, primarily along the eastern boundary with the Bradford Farms Hamlet, requires a 25 foot buffer and a berm within that buffer. The applicant is not proposing to meet that requirement; however, they are proposing that they can meet the berm with a narrower width. The P&Z Commission recommended reducing the buffer to approximately 15 foot and include the berm, as well as run the buffer along the north boundary allowing the future SW 90th Street, which separates this site from Majestic Oaks Subdivision. Additionally, there is concern about meeting the open space requirements. Under the current calculation the developer does not meet the requirements because they are including 50% of the proposed drainage retention areas (DRAs). The P&Z Commission recommended the Board allow the project to move forward, but staff does have concerns. An issue is that this is only a conceptual plan at this point and the actual final need for stormwater is unknown. A concern is trying to count areas as open space when it may be an area that might stay wet for an extended period of time. He stated the Book Y, Page 675

74 Developer's Agreement will need to be modified pending upon the outcome of the final approved plan. At this point, the Board could approve this now or continue it to coincide with final consideration of the Developer's Agreement. Staffs original recommendation was to provide for a wall, which is similar to what has occurred along Countryside Farms. He reiterated that P&Z made a different recommendation and advised that staff is mixed. Mr. Rison advised that Bradford Farms Hamlet is 5 acre tracts that are somewhat similar in character and quality to Country Side Farms. Bradford Farms is a more recent development and has more uniform square/rectangular lots. In response to Chairman Bryant, Mr. Rison stated Bradford Farms is a hamlet subdivision and has a designated development area for where homes can be constructed and the reminder of the property is permanently designated open space. He advised that the tracts are zoned A-3 (Residential Agricultural Estate) and horses are permitted, but staff is unsure how many lots have horses or are just lots with a large yard. It was noted that both Growth Services Department staff and the P&Z Commission recommend approval of the Zoning Change with the following Development Conditions: 1. The project shall be developed consistent with the conditions outline herein and with the project PUD Concept Plan (Dated ), architectural graphic images, and minimum development standards as listed within this report. 2. The project shall be limited to a maximum total of 185 site-built detached single-family dwelling units. The development shall be consistent with the PUD Concept Plan, subject to compliance with the PUD's typical development designs and standards listed as in Tables #5 and #6. 3. The PUD project's amenities shall be provided as follows, consistent with the PUD Concept Plan: a. The design and construction of the amenities shall be included with the PUD's Improvement Plans. b. The amenities shall be constructed and completed as part of any initial residential development phase, and their Corresponding Asbuilt/Certificate of Occupancy/Final Inspection (or equivalent) shall be obtained prior to obtaining any residential structure Certificate of Occupancy/Final Inspection within the PUD project. c. The intent of these provisions and the overall project is to ensure that the amenity facilities are in place, operational, and maintained in perpetuity, for use by all residential units, and their occupants, prior to allowing any residential occupancy within the project. 4. Project buffers shall be provided consistent with the final buffers designs from Tables #7A and #7B as approved. Additionally, buffers for the project shall be established and maintained in independent tracts separate from residential properties to be owned and maintained by the project's property owner association or equivalent (e.g., MSTU, etc.). No accessory structures for the SFR units or for the buffers (e.g., wells, irrigation pump house, trails, etc.) themselves may be placed within the buffers other than irrigation system lines. 5. All project-wide walls, fences, berms, and buffers, including all vegetative plantings, shall be installed as part of the project's subdivision/site plan infrastructure improvements and shall receive an affirmative final as built Page 676, Book Y

75 inspection that they are complete prior to the issuance of any residential dwelling unit Final Inspection/Certificate of Occupancy. 6. All project-wide walls, fences, berms, and buffers, including all vegetative plantings, shall be installed and maintained in perpetuity consistent with professionally accepted landscape practices, unless & until modified through the appropriate LDC PUD Amendment Process. 7 All project development shall be served by central potable water and central sanitary sewer services prior to the issuance of any project Certificates of Occupancy or equivalent final inspection; with the services installed and/or developed consistent with the LDC. 8. Any RV/Boat storage area shall be provided internal to the development and a minimum of 200' from the PUD's overall boundary. 9. Prior to completion and approval of the final PUD Master Plan, the project Traffic Study shall be completed to the satisfaction of the County Engineer and adequate provision shall be made for the coordination of the improvements with both the PUD and the perimeter commercial development along the PUD's south and west boundaries. 10. Prior to completion and approval of the project's final PUD Master Plan and/or any Preliminary Plat, the Developer shall complete the application and review consideration process to revise/amend the existing Developer's Agreement to resolve any conflict between this PUD's conceptual and subsequent design and the Agreement (e.g., buffers, etc.) DISCUSSION 11. The PUD project shall comply with the LDC's minimum 20% open space OPTIONAL requirement, along with the provision allowing only a maximum of 25% of the DRA acreage to be counted towards the open space. However, the Developermay propose an increase percentage ofdra acreage for credit to the open space requirement as a waiver via the Development Review Committee's establishedprocess during the finalpud MasterPlan review, subject to the following conditions: a. The amount ofdra acreage used for credit will not exceed 50% of the final totaldra acreage, b. The DRA acreage used for such credit shall be clearly indicated on the project's design and otherplat documents (e.g. preliminary plat, improvement plans, restrictions, etc.), c. The DRA acreage areas used for such credit shall be areas with a level slope, and d. The DRA acreage surface shallmeet LDC requirements to return to a fully dry soil surface condition wherein no LDC Waivers are required and/or obtained for those areas that will allow them to not recover and/or maintain a "wet" character. 12. The final PUD Master Plan shall require approval by the Marion County Board of County Commissioners, including being duly noticed and advertised consistent with the Land Development Codes notice provisions at the applicant's expense. Mr. Tillman presented an 11x17-inch document containing the PUD Conceptual Plan. He advised that the location is zoned for High Density Residential and the developer Book Y, Page 677

76 could come back with a High Density Residential project that would not require a PUD, a wall or any sort of requirements, but that is not what is being done. A berm is already established and the developer would like to keep it in place along Bradford Farms in addition to planting a Viburnum hedge, which will increase the height and create more density. He stated the developer has agreed to only single-story homes along that boundary, which should address the wall issue. Previous projects that required walls were multi-family projects within a development. In order to install a wall the berm would have to be removed, which will take away from the development. In response to Chairman Bryant, Mr. Tillman advised that the existing berm is approximately 5 feet. During the P&Z Commission meeting the applicant agreed to a 5 foot berm along the eastern boundary and a 3 foot berm along the north boundary, as well as planting Viburnum along the top. He stated one of the issues mentioned was using the DRA as 50% of the open space. The criteria in the Code recently changed and additional work is needed because some of the projects could have been done as straight zoning, with the same number of units if the new open space criteria is met within a PUD. The open space requirement is acres of the total project area, which is 20% of the project. Using 50% of the DRAs, the developer is providing acres of open space, but if the DRA is only considered at 25%, the project is at acres. Mr. Tillman advised that open space does not provide very much for a community and something should be included in the Code that addresses amenities. There should be a trade off because there is more cost associated with leaving something open space versus providing a building of some nature or other types of amenities. The developer is considering, at a minimum, an open pavilion with cookout locations and some recreational equipment, which will be located on 1.16 acres in the center of the map labeled park. There is a total, by the rules, of acres of open space, but the developer is providing a one acre amenity location. Mr. Tillman advised that one of the other things that can be done to help provide a permanently dry section of the DRA to possibly count towards the open space is place a step in the pond so that it is not something that gets saturated on a regular bases. Chairman Bryant stated there is approximately acres of DRAs and 1.16 acres for the park, which is total of 13.8 acres. Mr. Tillman advised that buffer areas contribute to the open space. Chairman Bryant stated by using 50% of the DRA, only 6.3 acres is considered open space and the rest is from the buffers and the park. Mr. Tillman concurred and advised that 25% is the criteria, which makes them roughly 2 acres short of the requirement. Chairman Bryant opened the floor to public comment. Ole Meland, SW 54th Terrace, questioned if the developer is planning to build a road that goes from Bradford Farms to this new development. Chairman Bryant advised that there will be no connectivity. Mr. Meland stated there are 4 or 5 properties in Bradford Farms that have horses and 18 of the 30 lots have been developed. She requested the developer install the berm prior to the homes being built and that the first row of homes remain single-story houses. Mark Draizin, SW 90th Lane, advised that originally the property was zoned as a hamlet and was part of Bradford Farms. The owner had to buy out lots that had already been purchased, which detracted from the area. He expressed concern with reducing the berm, which was part of the original negotiations when the property was broken away from Page 678, Book Y

77 Bradford Farms. The developers agreed to build a wider and higher berm because homes in Bradford Farms are not the same as what is being built in that development. Bradford Farms homes cost approximately $500,000 to $600,000, are 3,000 to 4,000 square foot in size and is an equestrian community. Mr. Draizin stated the berm size should remain the same since that is what was originally discussed and agreed upon. Bradford Farms was originally supposed to be 4 phases of beautiful 3 to 5 acre hamlets and is now just 1 sitting in the crux of the area. He expressed concern with property values if the berm is changed. Chairman Bryant clarified that there will be a 5 foot berm that runs along the east side of the property that is adjacent to Bradford Farms. Mr. Tillman advised that the applicant is not requesting modification on the height of the berm, just on the width of the buffer. It was a 25 foot buffer with the last plan and they are asking for a 15 foot buffer. The width does not have a real effect on the buffering that occurs. The berm is already in place and the applicant will ensure additional berm is planted where it is insufficient in height to provide the visual buffer. In response to Chairman Bryant, Mr. Tillman advised that the berm is already in place, noting the width of the berm was never specified. Commissioner Zalak advised that just because a 25 foot buffer is required does not mean the berm will be the entire 25 foot. The berm only has to be as tall as specified and if it only takes 15 feet to get to that height then there is 5 more feet in the back yards. In response to Mr. Draizin, Mr. Tillman stated the existing berm is not being removed. Commissioner Zalak advised that the berm is going to be enhanced with viburnum at the top. He opined that from a resident's perspective it is much better to have single family homes lined up there than high density residential that would have been at least 3 stories. Chairman Bryant advised that public comment is now closed. Commissioner Moore commended Mr. Tillman for working so well with the neighbors. A motion was made by Commissioner Moore, to approve the zoning change subject to the Developer's Agreement. The motion died for a lack of a second. Commissioner Zalak questioned whether staff published that the matter would be continued. Mr. Rison advised that staff did receive some calls yesterday and today and the callers were informed that the matter would be continued. Chairman Bryant stated she would rather continue the matter to next month if staff told people the item would be continued. She advised that based on feedback received the Board is comfortable with moving forward unless something drastic comes up between now and then, but the matter will be continued until next month in case there is someone who wanted to be here today. It was the general consensus of the Board to agree. Mr. Tillman stated the applicant wanted to feel comfortable with the current layout so that they can move forward with final engineering, because it pushes them 2 months out on the Developer's Agreement, which is harmful to the project. The goal today is to have a comfort level that the geometry will be approved. A motion was made by Commissioner Moore, seconded by Commissioner Zalak, to continue Item 14C5 to December 18, Mr. Rison advised that it would be the December 18, 2018 meeting because the Developer's Agreement has to go through 2 separate public hearings prior to being brought before the Board. The motion was unanimously approved by the Board (5-0). Chairman Bryant reiterated that the only reason the item is being continued is because some people called and were told that the item would be continued; therefore, the Board Book Y, Page 679

78 wants them to have their say. Mr. Rison advised that residents will receive a notice regarding the Developer's Agreement in the mail. Chairman Bryant directed staff to meet with residents to answer any questions regarding the process. 14C Z - Toshi II, LLC., PUD to PUD, Acres The Board considered a petition by Toshi II, LLC (owner) / Todd B. Rudnianyn (applicant), 2441 NE 3rd Street, Suite 201, Ocala, FL, for a Zoning Change, Article 5, of the Marion County Land Development Code, from PUD (Planned Unit Development) to PUD (Planned Unit Development), for all uses permitted including, "SW 80th Avenue" - Single Family Residential Community, on an approximate acre "portion of" acres of Parcel Account No PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 27 = 0%. PLANNING & ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad, seconded by Mr. Kroitor to disagree with staffs findings and recommendation, and recommend approval of the requested PUD modification 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. Vote was 7 to 0. The P&Z Commission recommended the following conditions: - 77th Street will be used for emergency access only- going against staff's recommendation to have 2 full access points. - Sidewalks will be added to one side of the roads. (Applicant submitted a new concept plan that met the new minimum density requirements but said that he is going to ask that the original concept plan be approved.) Senior Planner Rison, Growth Services, advised that the request is for a PUD, which will amend an existing PUID that was previously approved for a site on SW 80th Avenue across from the On Top of the World (OTOW) development. The site is currently a mix of commercial, Urban Residential and Medium Residential land use designations. This PUD will just be dealing with the medium density residential and urban residential property portions. The commercial property will be left separate along SW 80th Avenue's frontage. Currently, the site with the revised concept plan provided, will meet the minimum density requirements. The applicant is proposing a combination of single family residential units and an internal pod of multi-family units that they may look to modify in the future through plan amendments. The project is being proposed as an age restricted community, where it will have single story units to focus on that aging community character and does conform to minimum density that is required. The site is adjacent to OTOW and Hibiscus Park Subdivision, which is a historic subdivision that has been in place for a number of years. Recently the Hibiscus Park roadways were paved through the Municipal Service Benefit Units (MSBU) program. The original historic Master Plan for that PUD did provide for a single entrance to the northwest corner and proposed an entrance to the northwest corner of Hibiscus Park. The new proposal will relocate it to bring the entrance to SW 80th Avenue to the south from that entrance corner at the northwest and provide an emergency ingress/egress at the southeast corner of the site and down to the central spine road Page 680, Book Y

79 through Hibiscus Park. He advised that the multi-family area is circled in red on the map displayed on the overhead screens. There are 2 larger parcels that will have a walking trail and an amenity area. The project does have architectural examples, but staff does have some concerns. The applicant shifted the location for the ingress/egress access point, which is a concern and the traffic study will provide additional information. There is a difficulty that the access point may become restrictive when SW 80th Avenue is widened and may prohibit some movements for that intersection, which could become a concern. In response to Commissioner Zalak, Mr. Rison advised that the northern access point is on SW 80th Avenue on the curve. A concern is distances off of the curve and when 4 lanes and median breaks are added that may become a restricted access point. To the north is the alignment for SW 79th Street, which is an active access point, but it is through a series of flags and easement to parcels along the north side of the site that extends to the east. It was proposed in the original historic pattern to utilize that, but the developer does not own those properties and cannot force that requirement. The traffic study is the key concern and not knowing how that will affect everything. Chairman Bryant questioned when the traffic study will be completed. Mr. Rison advised that the methodology should be approved within the next week and then the study will take approximately 6 to 8 weeks. County Administrator Mounir Bouyounes stated it will take a couple of months for the traffic study to be complete. Commissioner Zalak stated once the study is complete the Board will know if the alignment will work. If it does not work then the entrance can be moved to the north and they can come through in a different pattern. Mr. Rison concurred and showed the Board on the overhead screen the boundary that they share with the OTOW utilities site, the location of the proposed Veterans Nursing Home site, and a larger 40 acre tract to the south, which is Medium Density Residential and undeveloped. He stated he is unsure who the owner of that property is, but it has been offered for sale at this point in time. In the original PUD Master Plan, the connection point was to the south as indicated on the map on the overhead screens. If something had been done at that point the existing half ROW from Hibiscus Park could have been utilized and that could have become an access route shared between the two newer projects and Hibiscus Park would benefit. Chairman Bryant questioned why an emergency ingress/egress would be created through Hibiscus Park. Mr. Rison stated it is an available public ROW and the project site is over 200 units in the original proposal and currently under the land use 250 units, which exceeds the threshold and a second entrance is needed. If the main entrance was blocked there is no other way in or out for all those units. In response to Commissioner Gold, Mr. Rison advised that the applicant is proposing a gated access only to be used during emergency situations. There would be no normal traffic entering or exiting. Staff prefers it to be a full entrance and potentially shifted to the western side. Commissioner Zalak clarified that staff would rather have the entrance on SW 77th Court. Mr. Rison concurred and advised that would be ideal because when the 40 acres next door is developed access will become an issue. Commissioner Moore out at 4:57 p.m. Mr. Rison advised that one concern at this point and time is that the applicant has not indicated if sidewalks will be provided within the development. The Code for residential development requires sidewalks on at least one side. This subdivision is another proposal where the open space does not meet the minimum requirements provided for the development. He stated staffs concern here for this project with the open space is that it referenced a football field, noting this is an age restricted community. There is more Book Y, Page 681

80 resolution needed for the open space and amenities being provided related to this project. The 2 key parcels identifying open space that may have a recreational benefit is a park site (0.88 acres) and a mulch walking trail around the DRA in the center of the project; however, the applicant has not indicated if there will be a clubhouse provided. The project is roughly 4 acres short for open space provisions. Commissioner Moore returned at 5:00 p.m. It was noted that Growth Services Department staff originally recommended denial of the Zoning Change; however, both staff and the P&Z Commission are now recommending approval of the Zoning Change with the following Development Conditions: 1. The project shall be developed consistent with the conditions outlined herein and the project PUD Conceptual Plan minimum development standards as listed within this staff report. 2. The project shall be limited to a maximum of 251 site-built dwelling units consistent with the PUD Conceptual Plan. 3. All portions of the project shall be established as fee ownership lots within the resulting PUD subdivision. 4. Ingress/Egress on SW 80th shall be located in a location that meets sight distance and standards approved by the Marion County Office of the County Engineer. 5. Ingress/Egress to the south on SW 77th PL shall be full access unless restricted to emergency access only during PUD process. A revised master plan showing final determination is of the connections is required. 6. A revised Master Plan is required to show how the plan meets the 20% open space requirement or waiver obtained based on recreational use of the water retention area. 7. A revised Master Plan is required to show a sidewalk plan for the community. 8. Prior to completion and approval of the final PUD Master Plan, the project Traffic Study shall be completed and adequate provisions shall be made to provide for the completion and connectivity of the project to SW 80th Avenue and SW 77th Place. 9. All construction and/or day-to-day development access for the project shall be provided via SW 80th Avenue, via the project's main connection to SW 80th Avenue; no construction and/or day-to-day development access shall be provided from or through the Hibiscus Park Subdivision. 10. *The final PUD Master Plan shall require approval by the Marion County Board of County Commissioners, including being duly noticed and advertised consistent with the Land Development Codes notice provisions at the applicant's expense. Mr. Tillman presented two 11x17-inch diagrams containing PUD Conceptual Plans. He advised that one of the reasons for the postponement of this PUD coming forward is because it is directly adjacent to OTOW and Bay Laurel Utilities. The applicant had to put in place a mile of utilities corridor to be able to be served by Marion County Utilities. Staff and the developer worked diligently to come to an agreement, which showed a lot of cooperation on 'Utilities staff. The agreement postponed the PUD coming forward by about 6 months and the county is now under a new open space requirement. The concept plan was in place for quite some time waiting to be brought forward with the Page 682, Book Y

81 PUD until the agreement with the Utilities Department was completed. PUD criteria changed within that time frame and is the only reason the PUD is low on open space. The old criteria required 352 square feet per lot for a total of 1.73 acres, the new criteria is 20% open space for a total of acres. The conceptual plan provides 6.77 acres, which is almost 4 times the old requirements, but shy of the new requirements by 4 acres. He requested the applicant not be penalized for being late to the PUD submittal because of trying to work out a utilities agreement with the Utility Department and requested to be held to the standard of the old criteria. Mr. Tillman stated there are 2 different layouts, one has standard single family homes and the other includes townhomes. The PUD could not be approved because there are not enough units, but if all the open space criteria was met there would be fewer units on this development. He opined that the 20% open space requirement is going to be an issue and will need to be addressed in the Land Development Code (LDC). In response to Commissioner Zalak, Mr. Tillman advised that if the whole development was townhomes it would surpass the requirement and the only reason it does not is because it is single family homes. He stated several townhome projects have been approved within the last couple of years, but not a single one had enough demand to move forward with construction. There is not enough demand for townhomes right now and that is the reason the request is for single family homes. Chairman Bryant opined that maybe the demand is not here right now, but the demand will be here in the future. The county has to start thinking about how it is going to accommodate growth over the next 20 years. Townhomes will be needed in some of these projects because it is the only way to reach the density to accommodate the growth that is coming without sprawling out into rural areas. Mr. Tillman stated the developer has to supply a product to meet that demand, but not a demand for the product that high density requires. The proposal is for single family homes that are small units to increase that density. A PUD is required because the request is under the standard zoning criteria lot size. He advised that just providing open space does not give anything to the community and there needs to be some type of amenity. Mr. Tillman opined that there should be a tradeoff for open space to amenities because there is a much higher cost for the amenities. Staff previously mentioned the possibility of including the option of paying a fee in lieu of providing amenities. Something is needed to encourage developers to increase the density, but also provide something that is being used and useful to the community. Commissioner Gold out at 5:06 p.m. Chairman Bryant questioned what types of amenities are being proposed for the development. Mr. Tillman advised that he is unsure if a clubhouse will be constructed, but at a minimum, a pavilion, barbeque grill areas and some recreational equipment. The recreational equipment will be less child oriented and more exercise oriented because it is an age restricted community. He noted there could possibly be a dog park. Commissioner Gold returned at 5:07 p.m. Mr. Tillman stated an issue that a lot of people will address is the connection in the southeast corner. Residents do not want traffic driving through their neighborhood, which is something that is frequently heard. The Code requires 2 access points and the applicant is proposing that this be a locked access point. There will be no traffic in and emergency response traffic will enter and exit through the main entryway. This will not be a short cut for the Fire Department and will only be used if there is an accident that caused a Book Y, Page 683

82 blockage at the main entrance. He advised that the only time he has seen this type of problem occur in any subdivision was during a hurricane and it was a flooding issue. Commissioner Zalak advised that there have been accidents on SR 200 in front of several of those subdivisions, which blocked them for a couple hours. Mr. Tillman stated that is an event that happens every 5 to 10 years and is not a regular occurrence. He advised that another issue addressed at the P&Z Commission meeting was the access point. The road turns in the right direction so that site distance will be provided and will not be an issue at this location. Chairman Bryant opened the floor to public comment. Louis Gentile, SW 79th Place, advised that he has been a resident of Hibiscus Park for 34 years, which is one of the oldest communities in southwest Marion County. He stated the developer wants to use SW 76th Avenue as through way to the gated community, noting SW 76th Avenue is the main north/south artery of Hibiscus Park. Mr. Gentile commented on safety and traffic concerns. He advised that residents of Hibiscus Park paid an average of $10,000 each to have the roads paved and do not want it to become a short cut to SR 200 via SW 80th Street for the residence of a gated community. Arthur Crews, SW 79th Place, expressed his concern with traffic and safety. Tracy Carter, SW 76th Avenue, advised that the applicant is proposing a retention pond with a pump across the street from his home, noting if the pump fails his yard will smell. He expressed his concerns with safety and increased traffic. Cheryl McLain, SW 79th Street, advised that when OTOW developed the Indigo neighborhood entrance off of SW 80th Street it exposed Hibiscus Park to residential cut through traffic and high volume construction traffic. Opening SW 80th Street to SW 80th Avenue divided the subdivision right down the middle and according to the proposed map the new development is requesting to use SW 77th Place and SW 76th Avenue as an access point, which will again divide the subdivision. Hibiscus Park is one of the oldest platted subdivisions in Marion County and has already absorbed a tremendous impact. It is a rural community and the roads are narrow and barely designed to handle the current traffic. It does not have sidewalks and residents and children walk and play in the streets. She stated residents are hopeful that this does not become an issue each time one of the larger parcels of land in the area is developed. They would like to work together and are not necessarily opposed to the development if the original plan from 2009 was approved, which uses SW 80th Avenue as the main access point and if absolutely necessary SW 77th Court as a gated emergency only access point, not the intersecting roads of SW 77th Place and SW 76th Avenue as shown on the map provided. Ms. McLain stated according to the P&Z Commission minutes from September 24th, 2018, Mr. Tillman and the P&Z Commission refer to access only on SW 77th Street and requested clarification because Hibiscus Park does not have a SW 77th Street, there is a SW 77th Place and a SW 77th Avenue. She advised that residents were also informed of the possibility of water and sewer utilities coming down from Highway 200 on SW 80th Street and running down to SW 76th Avenue to a lift station to accommodate the new community and questioned if that information is accurate. Nancy Haehn, SW 79th Place, questioned the type of housing that will developed. Chairman Bryant advised that the conceptual plan shows townhouses on the eastern boundary. Ms. Haehn stated in 2006, SW 80th Street did not connect with SW 80th Avenue, noting it was a dead end neighborhood and the only way to get to Hibiscus Park was from Highway 200. In 2007, Hibiscus Park roads became paved, which was paid for by the residents. Page 684, Book Y

83 She expressed concern with how the new development will impact the water table in the area and increased traffic. Glen Stannard, SW 79th Place, stated he supports previous comments made by residents. Marilyn Chappell, SW 79th Street, addressed safety concerns relating to increased traffic. She stated the developer should use SW 77th Court if needed, but SW 76th Avenue should not be used as any kind of an entrance. Tim Capps, SW 77th Place, expressed opposition to an ingress/egress on SW 76th Avenue, but would be willing to consider SW 77th Court. He questioned if the Developer does not meet the 20% open space requirement why would the county approve the PUD? Chairman Bryant advised that waivers have been granted in the past for similar situations, noting this development started before that rule was in place. In response to Mr. Capps, Commissioner Zalak advised that typically both entrances are not put on the same road because if an incident occurred 100 to 300 feet on the same road it would typically still be affected. If there was an accident on SW 80th avenue it would most likely block off more than one entrance. There are emergency entrances set up around the county that do not get used unless the fire truck or sheriffs deputy hits the yelp signal. The only other time they are used is if something like a hurricane happened that caused flooding. It is not used, but is there in case of an emergency. Mr. Capps expressed support for the emergency access to be on SW 77th Court, noting residents main concern is the amount of traffic an ingress/egress would create through the middle of the neighborhood. He advised that SW 77th Court is at the very end, at the corner of the neighborhood and comes out to a 4 way stop, which would work great since it will hardly ever be used. If the developer moves forward with the proposed entrance on SW 76'h Avenue there will be additional traffic coming through the middle of the neighborhood. Commissioner Stone questioned if it is an emergency entrance would the siren need to be turned on to exit. Commissioner Zalak advised that most of the time when someone pulls up to the gate it will open out, but it can opened that way. Commissioner Gold stated what is being discussed is a locked gate similar to Spruce Creek South. Mr. Rison advised that the gate would not be opened to general traffic at all and would only be opened for the yelp from a fire truck, ambulance or sheriff vehicle. Chairman Bryant stated it would have to be the same for both sides because if not it will be used by someone else. Mr. Tillman advised that the applicant would prefer the entrance be chain locked that would require the big red handle keys to open. He stated he does not want residents to worry about access through their community. There is the ability to redesign the plan to lay it out to SW 77th Court. He stated back in 2009 there was a bubble plan that did show the connectivity occurring at SW 77th Court, noting the current plan can be modified to address some of the concerns. In response to Commissioner Zalak, ACA Angel Roussel advised that because of the ROW width the pipes would have to go up SW 76th Avenue, noting the ROW on SW 77th Court is only 25 feet versus 60 feet on SW 76th Avenue. Chairman Bryant advised that public comment is now closed. Mr. Tillman advised the reason he presented both diagrams is because the applicant intends to come back to the Board during the design process and request a land use change on 9.9 acres to reduce the density so that they can have single family units Book Y, Page 685

84 throughout. The applicant will be modifying both the land use and PUD at the same time. It will be a small scale land use change so that it is a faster process. In response to Commissioner Zalak, Mr. Tillman stated the emergency access point will be moved to SW 77th Court and if possible the lift station will also be moved. Commissioner Zalak clarified that if possible the lift station would be moved to the other side of the DRA, noting the pump station is for utilities and there is not a pump in the DRA. Mr. Tillman advised that the minimum density required is 228 units, with the full single family layout there are only 209 units, which is shy of the requirement by 19 units. If the applicant is unable to get the land use change approved then potentially the number of townhomes will be reduced to meet the minimum 228 units. Commissioner Gold stated a notation needs to be made that it will not be a yelp gate that it will be a locked secured emergency gate. Mr. Tillman concurred. Commissioner Gold advised that a yelp gate means that any emergency vehicle can use it and a locked gate is only used in a dire emergency. He stated in his 25 years in public safety he is unaware of anyone needing to cut the gate. In response to Chairman Bryant, Ms. Straub advised that sidewalks go the length of the Indigo Subdivision and then stop. Currently, there is no plan to 4 lane SW 80th Street, but may be a conversation that will take place in the future. She stated preliminary engineering will be done for SW 80th Avenue and staff will consider a 4 lane section. That piece already has golf cart paths. In response to Mr. Rison, Chairman Bryant requested the Master Plan be brought back to the Board for approval. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to approve the Zoning Change from PUD to PUD with Development Conditions 1 through 13, as amended (see below), agreeing with Growth Services staff and the P&Z Commission, based on findings and recommendations that the proposed use will not adversely affect the public interest, is consistent with the Comprehensive Plan and is compatible with the surrounding land uses. CONDITION NO. 3: The project shall have a minimum of 228 site-built dwelling units in order to be consistent with the land use of the subject property. CONDITION NO. 4: All portions of the project shall be established as fee ownership lots within the resulting PUD subdivision. CONDITION NO. 5: Primary ingress/egress shall be provided to SW 80th Avenue. The final location and form of the access shall be subject to the outcome of the project traffic study and coordination with the Office of the County Engineer's preliminary design determinations for the SW 80th Avenue widening, including recognizing potential future limitations on the primary access due to the road's ultimate design, and ensuring coordinated access to the north for the existing access identified as SW 73rd Street. CONDITION NO. 6: Emergency ingress/egress shall be provided at the south boundary to SW 77th Court, at the western end of the southeastern proposed drainage retention area, and the access shall be physically locked to prevent general day-to-day access. CONDITION NO. 7: All construction and/or day-to-day development access for the project shall be provided via SW 80th Avenue, via the project's main connection to SW 80th Avenue; no construction and/or day-to-day development access shall be provided from or through the Hibiscus Park Subdivision. Page 686, Book Y