official minutes of marion county board of county …€¦ · commissioner jeff gold, district 3;...
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Official Minutes of MARION COUNTY
BOARD OF COUNTY COMMISSIONERS
June 19 2018
CALL TO ORDER The Marion County Board of County Commissioners met in regular session in Commission Chambers at 903 am on Tuesday June 19 2018 at the Marion County Governmental Complex located in Ocala Florida
INVOCATION AND PLEDGE OF ALLEGIANCE The meeting opened with invocation by Commissioner Moore and the Pledge of Allegiance to the Flag of our Country
900 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 is Assistant County Administrator (ACA) Angel Roussel
ANNOUNCEMENTS Chairman Bryant addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12B)
1 PROCLAMATIONS AND PRESENTATIONS Upon motion of Commissioner Moore seconded by Commissioner Stone the Board of County Commissioners (BCC) approved andor ratified the following
1A PRESENTATION - Hank Whittier Marion County Veterans Helping Veterans (Presentation Only) Hank Whittier Marion County Veterans Helping Veterans also known as (aka) Vets Helping Vets expressed appreciation to the Board for their support of the veterans in the community On behalf of Vets Helping Vets Staff Sergeant Jose Cevallos presented the BCC with a 5 foot by 8 foot framed American Flag from Apache Troup First Squadron Airborne 40th Calvary Task Force Southeast This flag was flown from March 30 2018 until April 21 2018 at AP Shank in Logar Province RC-East Afghanistan Mr Whitter advised that the unit is back in the United States and did not suffer any casualties during the last deployment however it does have a long history of involvement in Afghanistan and while Sergeant Cevallos was with the unit there were 3 killed and 18 wounded which included Sergeant Cevallos who was wounded twice serving our country Mr Whitter commented on the thought that went into this gift and the appreciation veterans have for the BCC
1B PROCLAMATION - Eagle Scout Maximus Christian Hardy (Approval Only)
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The Board approved the Proclamation congratulating Maximus Christian Hardy upon attaining the status of Eagle Scout in the Boy Scouts of America organization
1C PROCLAMATION - Eagle Scout Kyle Dane Morgan (Approval Only) The Board approved the Proclamation congratulating Kyle Dane Morgan upon attaining the status of Eagle Scout in the Boy Scouts of America organization
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 Roger Knechtel - Changing Times Roger Knechtel SE 97th Terrace Road Summerfield commented on changing times employee retention and water usage in the county Commissioner Gold out at 922 am
2B General Public Comment (Limited to 2 Minutes Each Speaker) Suzanne McGuire Homeless Children Liaison East Fort King Street addressed the Stuff the Bus campaign and asked for Board support as the program provides school supplies and other items for children to start the school year Commissioner Gold returned at 923 am In response to Commissioner Gold Ms McGuire advised that all supplies are sent to school guidance offices Currently there are 3000 enrolled students identified as homeless children under federal law and approximately 270 children in the school system are disaster displaced students Commissioner Moore out at 927 am Judy Etzler NW 219th Street Road presented a 3 page handout which includes a letter from John S Rudnianyn and 2 maps related to the proposed Coastal Connector She expressed her opposition to the routes Commissioner Moore returned at 929 am Chairman Bryant advised the Board sent a letter to Governor Rick Scott with the countys Resolution attached (Item 13A16) She further advised that all parties involved are listening and are aware of the countys position on the issue Marie Schinman NW 82nd Court presented a 3 page handout and invited the Board to attend the Lincoln Reagan Memorial Dinner in Levy County on Saturday June 23 2018 at 500 pm where the Board could hand deliver the Resolution to Governor Scott She commented on the importance of water quality in the county Chairman Bryant advised that due to prior engagements the Board will not be able to attend the event with the exception of Commissioner Stone who will be attending the event with Representative Charlie Stone Henry Munoz Marion Oaks Boulevard recited the Bible (Joshua 18) Lucy Cozett New York Life advised she was present today to speak on behalf of the request for proposal (RFP) that was submitted Chairman Bryant stated that item will be addressed later in the meeting
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3 ADOPT THE FOLLOWING MINUTES (1 set) 3A May 15 2018 A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt the meeting minutes of May 15 2018 The motion was unanimously approved by the Board (5-0)
4 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES 4A Jon Lin Trial Court Administrator Court Administration 4A1 Request Approval to Enter into an Agreement to Provide Funding for the Court Assistant Position for State Fiscal Year 2018-2019 The Board considered the following recommendation from Trial Court Administrator Jon Lin Court Administration
DescriptionBackground Request approval to enter into an agreement between the Fifth Judicial Circuit Court and Marion County Board of County Commissioners to provide funding of Court Assistant FTE for the next state fiscal year 2018-2019 The Court will reimburse the County BOCC for this position upon receipt of invoices submitted to the Courts Contract Manager The Court Assistant referenced in this contract is associated with item 7B1 which was previously approved at the April 17 2018 BOCC meeting The agreement for the last 3 months of the current state fiscal year (April May June) was listed as agenda item 4A and approved at the May 1 2018 BOCC meeting Budget Impact $50757 in salaries and benefits and $16000 in operational expenses which will be reimbursed Recommended Action Approval to enter into agreement
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to enter into agreement to provide funding of a Court Assistant full time employee (FTE) for the next state fiscal year (FY) 2018-2019 The motion was unanimously approved by the Board (5-0)
4A2 Request Approval to Enter into an Agreement to Provide State Grant Funding for the Marion County Veterans Treatment Court for State Fiscal Year 2018-2019 The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground Request approval to enter into an agreement between the Fifth Judicial Circuit Court and Marion County Board of County Commissioners to provide state grant funding for the Marion County Veterans Treatment Court for the next state fiscal year 2018-2019 The grant requires a 20 cash county match pursuant to line item 3165A of the General Appropriations Act Budget Impact $50000 in state grant funding Recommended Action Approval to enter into agreement
(Ed Note is the symbol for percent) A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to enter into agreement to provide state grant funding for the Marion County Veterans Treatment Court for the next state FY 2018-2019 The motion was unanimously approved by the Board (5-0)
4A3 Request Approval to Apply for the Drug Treatment Courts Program Grant Fiscal Year 2019 for Marion County Juvenile Drug Court Program
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The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground If awarded this grant would allow for the enhancement and growth of our Marion County Juvenile Drug Court Budget Impact Up to a $400000 award for the 48-month grant period beginning October 1 2018 Federal funds under this program may not cover more than 75 percent of the total cost We plan to utilize both a donation of services from stakeholders and in-kind services to cover the 25 percent match Recommended Action Request approval to apply for the Drug Treatment Courts Program Grant FY2018 Category I for our Marion County Juvenile Drug Court Program
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to apply for the Drug Treatment Courts Program Grant FY 2018 Category I for the Marion County Juvenile Drug Court Program The motion was unanimously approved by the Board (5-0)
Chief Deputy Court Administrator Todd Tuzzolino Court Administration advised that additional grant funding was received and expressed appreciation to the Board for its support of problem solving courts veterans treatment court and the drug court expansion Also Court Administration plans to submit a request for the juvenile drug court to have an aftercare program to ensure there are preventative methods for substance abuse Chairman Bryant encouraged citizens to learn more about the countys veterans and drug court programs noting these programs are changing lives and setting people on a new path
5 CLERK OF THE CIRCUIT COURT 5A Request Adoption of the Following Budget Amendment Resolutions Upon motion of Commissioner Moore seconded by Commissioner Gold the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann 5A1 18-R-196 mdash Fine amp Forfeiture - Sheriff Regular - $227 5A2 18-R-197 mdash General Fund - Animal Services - $1806 5A3 18-R-198 mdash General Fund - Emergency Medical Services - $30000 5A4 18-R-199 mdash General Fund - Facilities Management - $23736 5A5 18-R-200 mdash General Fund - Planning and Zoning - $6000 5A6 18-R-201 mdash General Fund - Human Resources - $2900 5A7 18-R-202 mdash General Fund - Information Technology - $66000 5A8 18-R-203 mdash General Fund - MSTUAssessments - $16878 5A9 18-R-204 mdash General Fund - Parks and Recreation - $ 2600 5A10 18-R-205 mdash General Fund - Southeastern Livestock Pavilion - $ 2000 5A11 18-R-206 mdash Marion County Utilities Fund - Utilities - $8118 5Al2 18-R-207 mdash Medical Examiner Fund - Medical Examiner - $500 5A13 18-R-208 mdash MSTU for Law Enforcement - Sheriff Patrol amp CID - $53172 5A14 18-R-209 mdash Silver Springs Shores Special Tax District - Silver Springs Shores Recreation Facilities - $4250 (Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigation Division)
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Mr Ellspermann noted for the record Item 5A7 is associated with Item 7F5
5B Present Detailed Budget Workshop Schedule Assistant Budget Director Audrey Fowler presented a large binder entitled Proposed Line Item Budget Fiscal Year 201819 a binder entitled Proposed Budget Fiscal Year 201819 and Proposed Capital Improvement Program Fiscal Year 201819 - 202223 The 3 budget documents contain the proposed fiscal year (FY) 201819 budget for the BCC Constitutional Officers and Agencies that are under the purview of the Boards funding mechanisms Before the Board is the proposed Budget in two documents the first the Proposed Budget Document presents summary data of revenue and expenditures with graphics organization charts performance measures and narratives that should be useful to the Board and general public This document is organized by services across multiple funding sources The second and larger of the two volumes is the line item budget which includes detailed schedules of personnel and capital outlay for operating departments under the Board as well as the revenue and expenditure detail for all funds as required by Florida Statute Finally the third book (under agenda Item 5D) is the 5 year Capital Improvement Program (CIP) This document is continuously updated to reflect the major capital improvements for Marion County including all of the 1 Cent Infrastructure Surtax projects The first year of the proposed CIP is included in the proposed budget These documents are now available on the Clerks website at wwwmarioncountyclerkorg As the Board is just receiving these documents a detailed analysis will not be presented today A more comprehensive overview will be presented by the Budget Office at the beginning of the Budget Workshop in July which will then be followed by presentations and discussion of the funding requests and service levels of the County Administrator the Boards operating Departments Constitutional Officers Courts and funded outside agencies The detailed budget workshops are schedule for Wednesday July 18 2018 Thursday July 19 2018 Friday July 20 2018 and Monday July 23 2018 Following the conclusion of the Budget Workshops and before August 4 the Board will take action to set and notify the Property Appraiser of the proposed millage rates for FY 2018-19 and the date time and place of the public hearing tentatively scheduled for Thursday September 6 2018 at 700 pm in Commission chambers to consider adoption of the fiscal year 2018-19 proposed millage rates and budget As the budget workshops are schedule to begin after the second regularly scheduled Board meeting in July it will be necessary to continue the Tuesday July 17 2018 Board meeting in order to set the maximum millage rate prior to the States August 4 2018 deadline Clerk Ellsperman advised that the letter found on page 1 of the Proposed Budget Fiscal Year 2018-19 is a good narrative to read prior to budget workshops
5C Present Proposed Fiscal Year 201819 Budget This item was addressed with Item 5B
5D Present Proposed 201819 - 202223 Capital Improvement Program This item was addressed with Item 5B
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
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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 Gold the Board acted on the Consent Agenda as follows
7A Attorney 7A1 Request Consideration and Approval of the Third Amendment to the Interlocal Agreement Between Marion County and the Village Center Community Development District (Budget Impact - None) The Board accepted the following recommendation as presented by County Attorney Matthew G Minter Legal
DescriptionBackground The Village Center Community Development District (Center District) who provides services within the Villages to its various residential Community Development Districts (CDDs) is requesting to amend the interlocal agreement with Marion County allowing the Center District to serve an additional property being acquired related to the Villages CDD No 4 (CDD) referred to as the Villages of Marion The Center District has contracted to acquire the former fellowship hall of the First Baptist Church of the Villages that adjoins the Villages of Marion to be used as an accessory community recreation facility Currently a paved golf cart path and easement linking the Villages of Marion to the new Soulliere Villas phase recently added crosses the property Acquiring the property will allow the Center District to provide added services to Villages residents and provide for full ownership of the site by the Center District Once the acquisition is complete the Center District will be eligible to proceed with the needed approvals to formally add the site to the existing CDD and proceed with site development The proposed third amendment is attached with a location map for reference BudgetImpact None Recommended Action Motion to approve the Third Amendment to the Interlocal Agreement between Marion County and the Village Center Community Development District
7B Development Review Committee 7B1 Request Approval of Final Plat for Mulberry Grove East Phase 2 Subdivision Application 21376 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground On May 21 2018 the Development Review Committee approved the Final Plat for the Mulberry Grove East Phase 2 Subdivision and recommended that the Board approve and authorize execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 3 lots and 2 tracts on 1789 acres with 24 miles of private road BudgetImpact None Recommended Action Motion to approve the final plat for Mulberry Grove East and to authorize the Chair and Clerk to execute same
7C Growth Services 7C1 Request Approval for Release of Lien on Parcel No 12380-001-00 (Budget Impact - None)
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The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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June 19 2018
same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
The Board approved the Proclamation congratulating Maximus Christian Hardy upon attaining the status of Eagle Scout in the Boy Scouts of America organization
1C PROCLAMATION - Eagle Scout Kyle Dane Morgan (Approval Only) The Board approved the Proclamation congratulating Kyle Dane Morgan upon attaining the status of Eagle Scout in the Boy Scouts of America organization
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 Roger Knechtel - Changing Times Roger Knechtel SE 97th Terrace Road Summerfield commented on changing times employee retention and water usage in the county Commissioner Gold out at 922 am
2B General Public Comment (Limited to 2 Minutes Each Speaker) Suzanne McGuire Homeless Children Liaison East Fort King Street addressed the Stuff the Bus campaign and asked for Board support as the program provides school supplies and other items for children to start the school year Commissioner Gold returned at 923 am In response to Commissioner Gold Ms McGuire advised that all supplies are sent to school guidance offices Currently there are 3000 enrolled students identified as homeless children under federal law and approximately 270 children in the school system are disaster displaced students Commissioner Moore out at 927 am Judy Etzler NW 219th Street Road presented a 3 page handout which includes a letter from John S Rudnianyn and 2 maps related to the proposed Coastal Connector She expressed her opposition to the routes Commissioner Moore returned at 929 am Chairman Bryant advised the Board sent a letter to Governor Rick Scott with the countys Resolution attached (Item 13A16) She further advised that all parties involved are listening and are aware of the countys position on the issue Marie Schinman NW 82nd Court presented a 3 page handout and invited the Board to attend the Lincoln Reagan Memorial Dinner in Levy County on Saturday June 23 2018 at 500 pm where the Board could hand deliver the Resolution to Governor Scott She commented on the importance of water quality in the county Chairman Bryant advised that due to prior engagements the Board will not be able to attend the event with the exception of Commissioner Stone who will be attending the event with Representative Charlie Stone Henry Munoz Marion Oaks Boulevard recited the Bible (Joshua 18) Lucy Cozett New York Life advised she was present today to speak on behalf of the request for proposal (RFP) that was submitted Chairman Bryant stated that item will be addressed later in the meeting
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3 ADOPT THE FOLLOWING MINUTES (1 set) 3A May 15 2018 A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt the meeting minutes of May 15 2018 The motion was unanimously approved by the Board (5-0)
4 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES 4A Jon Lin Trial Court Administrator Court Administration 4A1 Request Approval to Enter into an Agreement to Provide Funding for the Court Assistant Position for State Fiscal Year 2018-2019 The Board considered the following recommendation from Trial Court Administrator Jon Lin Court Administration
DescriptionBackground Request approval to enter into an agreement between the Fifth Judicial Circuit Court and Marion County Board of County Commissioners to provide funding of Court Assistant FTE for the next state fiscal year 2018-2019 The Court will reimburse the County BOCC for this position upon receipt of invoices submitted to the Courts Contract Manager The Court Assistant referenced in this contract is associated with item 7B1 which was previously approved at the April 17 2018 BOCC meeting The agreement for the last 3 months of the current state fiscal year (April May June) was listed as agenda item 4A and approved at the May 1 2018 BOCC meeting Budget Impact $50757 in salaries and benefits and $16000 in operational expenses which will be reimbursed Recommended Action Approval to enter into agreement
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to enter into agreement to provide funding of a Court Assistant full time employee (FTE) for the next state fiscal year (FY) 2018-2019 The motion was unanimously approved by the Board (5-0)
4A2 Request Approval to Enter into an Agreement to Provide State Grant Funding for the Marion County Veterans Treatment Court for State Fiscal Year 2018-2019 The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground Request approval to enter into an agreement between the Fifth Judicial Circuit Court and Marion County Board of County Commissioners to provide state grant funding for the Marion County Veterans Treatment Court for the next state fiscal year 2018-2019 The grant requires a 20 cash county match pursuant to line item 3165A of the General Appropriations Act Budget Impact $50000 in state grant funding Recommended Action Approval to enter into agreement
(Ed Note is the symbol for percent) A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to enter into agreement to provide state grant funding for the Marion County Veterans Treatment Court for the next state FY 2018-2019 The motion was unanimously approved by the Board (5-0)
4A3 Request Approval to Apply for the Drug Treatment Courts Program Grant Fiscal Year 2019 for Marion County Juvenile Drug Court Program
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The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground If awarded this grant would allow for the enhancement and growth of our Marion County Juvenile Drug Court Budget Impact Up to a $400000 award for the 48-month grant period beginning October 1 2018 Federal funds under this program may not cover more than 75 percent of the total cost We plan to utilize both a donation of services from stakeholders and in-kind services to cover the 25 percent match Recommended Action Request approval to apply for the Drug Treatment Courts Program Grant FY2018 Category I for our Marion County Juvenile Drug Court Program
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to apply for the Drug Treatment Courts Program Grant FY 2018 Category I for the Marion County Juvenile Drug Court Program The motion was unanimously approved by the Board (5-0)
Chief Deputy Court Administrator Todd Tuzzolino Court Administration advised that additional grant funding was received and expressed appreciation to the Board for its support of problem solving courts veterans treatment court and the drug court expansion Also Court Administration plans to submit a request for the juvenile drug court to have an aftercare program to ensure there are preventative methods for substance abuse Chairman Bryant encouraged citizens to learn more about the countys veterans and drug court programs noting these programs are changing lives and setting people on a new path
5 CLERK OF THE CIRCUIT COURT 5A Request Adoption of the Following Budget Amendment Resolutions Upon motion of Commissioner Moore seconded by Commissioner Gold the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann 5A1 18-R-196 mdash Fine amp Forfeiture - Sheriff Regular - $227 5A2 18-R-197 mdash General Fund - Animal Services - $1806 5A3 18-R-198 mdash General Fund - Emergency Medical Services - $30000 5A4 18-R-199 mdash General Fund - Facilities Management - $23736 5A5 18-R-200 mdash General Fund - Planning and Zoning - $6000 5A6 18-R-201 mdash General Fund - Human Resources - $2900 5A7 18-R-202 mdash General Fund - Information Technology - $66000 5A8 18-R-203 mdash General Fund - MSTUAssessments - $16878 5A9 18-R-204 mdash General Fund - Parks and Recreation - $ 2600 5A10 18-R-205 mdash General Fund - Southeastern Livestock Pavilion - $ 2000 5A11 18-R-206 mdash Marion County Utilities Fund - Utilities - $8118 5Al2 18-R-207 mdash Medical Examiner Fund - Medical Examiner - $500 5A13 18-R-208 mdash MSTU for Law Enforcement - Sheriff Patrol amp CID - $53172 5A14 18-R-209 mdash Silver Springs Shores Special Tax District - Silver Springs Shores Recreation Facilities - $4250 (Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigation Division)
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Mr Ellspermann noted for the record Item 5A7 is associated with Item 7F5
5B Present Detailed Budget Workshop Schedule Assistant Budget Director Audrey Fowler presented a large binder entitled Proposed Line Item Budget Fiscal Year 201819 a binder entitled Proposed Budget Fiscal Year 201819 and Proposed Capital Improvement Program Fiscal Year 201819 - 202223 The 3 budget documents contain the proposed fiscal year (FY) 201819 budget for the BCC Constitutional Officers and Agencies that are under the purview of the Boards funding mechanisms Before the Board is the proposed Budget in two documents the first the Proposed Budget Document presents summary data of revenue and expenditures with graphics organization charts performance measures and narratives that should be useful to the Board and general public This document is organized by services across multiple funding sources The second and larger of the two volumes is the line item budget which includes detailed schedules of personnel and capital outlay for operating departments under the Board as well as the revenue and expenditure detail for all funds as required by Florida Statute Finally the third book (under agenda Item 5D) is the 5 year Capital Improvement Program (CIP) This document is continuously updated to reflect the major capital improvements for Marion County including all of the 1 Cent Infrastructure Surtax projects The first year of the proposed CIP is included in the proposed budget These documents are now available on the Clerks website at wwwmarioncountyclerkorg As the Board is just receiving these documents a detailed analysis will not be presented today A more comprehensive overview will be presented by the Budget Office at the beginning of the Budget Workshop in July which will then be followed by presentations and discussion of the funding requests and service levels of the County Administrator the Boards operating Departments Constitutional Officers Courts and funded outside agencies The detailed budget workshops are schedule for Wednesday July 18 2018 Thursday July 19 2018 Friday July 20 2018 and Monday July 23 2018 Following the conclusion of the Budget Workshops and before August 4 the Board will take action to set and notify the Property Appraiser of the proposed millage rates for FY 2018-19 and the date time and place of the public hearing tentatively scheduled for Thursday September 6 2018 at 700 pm in Commission chambers to consider adoption of the fiscal year 2018-19 proposed millage rates and budget As the budget workshops are schedule to begin after the second regularly scheduled Board meeting in July it will be necessary to continue the Tuesday July 17 2018 Board meeting in order to set the maximum millage rate prior to the States August 4 2018 deadline Clerk Ellsperman advised that the letter found on page 1 of the Proposed Budget Fiscal Year 2018-19 is a good narrative to read prior to budget workshops
5C Present Proposed Fiscal Year 201819 Budget This item was addressed with Item 5B
5D Present Proposed 201819 - 202223 Capital Improvement Program This item was addressed with Item 5B
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
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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 Gold the Board acted on the Consent Agenda as follows
7A Attorney 7A1 Request Consideration and Approval of the Third Amendment to the Interlocal Agreement Between Marion County and the Village Center Community Development District (Budget Impact - None) The Board accepted the following recommendation as presented by County Attorney Matthew G Minter Legal
DescriptionBackground The Village Center Community Development District (Center District) who provides services within the Villages to its various residential Community Development Districts (CDDs) is requesting to amend the interlocal agreement with Marion County allowing the Center District to serve an additional property being acquired related to the Villages CDD No 4 (CDD) referred to as the Villages of Marion The Center District has contracted to acquire the former fellowship hall of the First Baptist Church of the Villages that adjoins the Villages of Marion to be used as an accessory community recreation facility Currently a paved golf cart path and easement linking the Villages of Marion to the new Soulliere Villas phase recently added crosses the property Acquiring the property will allow the Center District to provide added services to Villages residents and provide for full ownership of the site by the Center District Once the acquisition is complete the Center District will be eligible to proceed with the needed approvals to formally add the site to the existing CDD and proceed with site development The proposed third amendment is attached with a location map for reference BudgetImpact None Recommended Action Motion to approve the Third Amendment to the Interlocal Agreement between Marion County and the Village Center Community Development District
7B Development Review Committee 7B1 Request Approval of Final Plat for Mulberry Grove East Phase 2 Subdivision Application 21376 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground On May 21 2018 the Development Review Committee approved the Final Plat for the Mulberry Grove East Phase 2 Subdivision and recommended that the Board approve and authorize execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 3 lots and 2 tracts on 1789 acres with 24 miles of private road BudgetImpact None Recommended Action Motion to approve the final plat for Mulberry Grove East and to authorize the Chair and Clerk to execute same
7C Growth Services 7C1 Request Approval for Release of Lien on Parcel No 12380-001-00 (Budget Impact - None)
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The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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June 19 2018
7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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June 19 2018
Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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June 19 2018
reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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June 19 2018
Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
3 ADOPT THE FOLLOWING MINUTES (1 set) 3A May 15 2018 A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt the meeting minutes of May 15 2018 The motion was unanimously approved by the Board (5-0)
4 CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES 4A Jon Lin Trial Court Administrator Court Administration 4A1 Request Approval to Enter into an Agreement to Provide Funding for the Court Assistant Position for State Fiscal Year 2018-2019 The Board considered the following recommendation from Trial Court Administrator Jon Lin Court Administration
DescriptionBackground Request approval to enter into an agreement between the Fifth Judicial Circuit Court and Marion County Board of County Commissioners to provide funding of Court Assistant FTE for the next state fiscal year 2018-2019 The Court will reimburse the County BOCC for this position upon receipt of invoices submitted to the Courts Contract Manager The Court Assistant referenced in this contract is associated with item 7B1 which was previously approved at the April 17 2018 BOCC meeting The agreement for the last 3 months of the current state fiscal year (April May June) was listed as agenda item 4A and approved at the May 1 2018 BOCC meeting Budget Impact $50757 in salaries and benefits and $16000 in operational expenses which will be reimbursed Recommended Action Approval to enter into agreement
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to enter into agreement to provide funding of a Court Assistant full time employee (FTE) for the next state fiscal year (FY) 2018-2019 The motion was unanimously approved by the Board (5-0)
4A2 Request Approval to Enter into an Agreement to Provide State Grant Funding for the Marion County Veterans Treatment Court for State Fiscal Year 2018-2019 The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground Request approval to enter into an agreement between the Fifth Judicial Circuit Court and Marion County Board of County Commissioners to provide state grant funding for the Marion County Veterans Treatment Court for the next state fiscal year 2018-2019 The grant requires a 20 cash county match pursuant to line item 3165A of the General Appropriations Act Budget Impact $50000 in state grant funding Recommended Action Approval to enter into agreement
(Ed Note is the symbol for percent) A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to enter into agreement to provide state grant funding for the Marion County Veterans Treatment Court for the next state FY 2018-2019 The motion was unanimously approved by the Board (5-0)
4A3 Request Approval to Apply for the Drug Treatment Courts Program Grant Fiscal Year 2019 for Marion County Juvenile Drug Court Program
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The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground If awarded this grant would allow for the enhancement and growth of our Marion County Juvenile Drug Court Budget Impact Up to a $400000 award for the 48-month grant period beginning October 1 2018 Federal funds under this program may not cover more than 75 percent of the total cost We plan to utilize both a donation of services from stakeholders and in-kind services to cover the 25 percent match Recommended Action Request approval to apply for the Drug Treatment Courts Program Grant FY2018 Category I for our Marion County Juvenile Drug Court Program
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to apply for the Drug Treatment Courts Program Grant FY 2018 Category I for the Marion County Juvenile Drug Court Program The motion was unanimously approved by the Board (5-0)
Chief Deputy Court Administrator Todd Tuzzolino Court Administration advised that additional grant funding was received and expressed appreciation to the Board for its support of problem solving courts veterans treatment court and the drug court expansion Also Court Administration plans to submit a request for the juvenile drug court to have an aftercare program to ensure there are preventative methods for substance abuse Chairman Bryant encouraged citizens to learn more about the countys veterans and drug court programs noting these programs are changing lives and setting people on a new path
5 CLERK OF THE CIRCUIT COURT 5A Request Adoption of the Following Budget Amendment Resolutions Upon motion of Commissioner Moore seconded by Commissioner Gold the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann 5A1 18-R-196 mdash Fine amp Forfeiture - Sheriff Regular - $227 5A2 18-R-197 mdash General Fund - Animal Services - $1806 5A3 18-R-198 mdash General Fund - Emergency Medical Services - $30000 5A4 18-R-199 mdash General Fund - Facilities Management - $23736 5A5 18-R-200 mdash General Fund - Planning and Zoning - $6000 5A6 18-R-201 mdash General Fund - Human Resources - $2900 5A7 18-R-202 mdash General Fund - Information Technology - $66000 5A8 18-R-203 mdash General Fund - MSTUAssessments - $16878 5A9 18-R-204 mdash General Fund - Parks and Recreation - $ 2600 5A10 18-R-205 mdash General Fund - Southeastern Livestock Pavilion - $ 2000 5A11 18-R-206 mdash Marion County Utilities Fund - Utilities - $8118 5Al2 18-R-207 mdash Medical Examiner Fund - Medical Examiner - $500 5A13 18-R-208 mdash MSTU for Law Enforcement - Sheriff Patrol amp CID - $53172 5A14 18-R-209 mdash Silver Springs Shores Special Tax District - Silver Springs Shores Recreation Facilities - $4250 (Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigation Division)
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Mr Ellspermann noted for the record Item 5A7 is associated with Item 7F5
5B Present Detailed Budget Workshop Schedule Assistant Budget Director Audrey Fowler presented a large binder entitled Proposed Line Item Budget Fiscal Year 201819 a binder entitled Proposed Budget Fiscal Year 201819 and Proposed Capital Improvement Program Fiscal Year 201819 - 202223 The 3 budget documents contain the proposed fiscal year (FY) 201819 budget for the BCC Constitutional Officers and Agencies that are under the purview of the Boards funding mechanisms Before the Board is the proposed Budget in two documents the first the Proposed Budget Document presents summary data of revenue and expenditures with graphics organization charts performance measures and narratives that should be useful to the Board and general public This document is organized by services across multiple funding sources The second and larger of the two volumes is the line item budget which includes detailed schedules of personnel and capital outlay for operating departments under the Board as well as the revenue and expenditure detail for all funds as required by Florida Statute Finally the third book (under agenda Item 5D) is the 5 year Capital Improvement Program (CIP) This document is continuously updated to reflect the major capital improvements for Marion County including all of the 1 Cent Infrastructure Surtax projects The first year of the proposed CIP is included in the proposed budget These documents are now available on the Clerks website at wwwmarioncountyclerkorg As the Board is just receiving these documents a detailed analysis will not be presented today A more comprehensive overview will be presented by the Budget Office at the beginning of the Budget Workshop in July which will then be followed by presentations and discussion of the funding requests and service levels of the County Administrator the Boards operating Departments Constitutional Officers Courts and funded outside agencies The detailed budget workshops are schedule for Wednesday July 18 2018 Thursday July 19 2018 Friday July 20 2018 and Monday July 23 2018 Following the conclusion of the Budget Workshops and before August 4 the Board will take action to set and notify the Property Appraiser of the proposed millage rates for FY 2018-19 and the date time and place of the public hearing tentatively scheduled for Thursday September 6 2018 at 700 pm in Commission chambers to consider adoption of the fiscal year 2018-19 proposed millage rates and budget As the budget workshops are schedule to begin after the second regularly scheduled Board meeting in July it will be necessary to continue the Tuesday July 17 2018 Board meeting in order to set the maximum millage rate prior to the States August 4 2018 deadline Clerk Ellsperman advised that the letter found on page 1 of the Proposed Budget Fiscal Year 2018-19 is a good narrative to read prior to budget workshops
5C Present Proposed Fiscal Year 201819 Budget This item was addressed with Item 5B
5D Present Proposed 201819 - 202223 Capital Improvement Program This item was addressed with Item 5B
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
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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 Gold the Board acted on the Consent Agenda as follows
7A Attorney 7A1 Request Consideration and Approval of the Third Amendment to the Interlocal Agreement Between Marion County and the Village Center Community Development District (Budget Impact - None) The Board accepted the following recommendation as presented by County Attorney Matthew G Minter Legal
DescriptionBackground The Village Center Community Development District (Center District) who provides services within the Villages to its various residential Community Development Districts (CDDs) is requesting to amend the interlocal agreement with Marion County allowing the Center District to serve an additional property being acquired related to the Villages CDD No 4 (CDD) referred to as the Villages of Marion The Center District has contracted to acquire the former fellowship hall of the First Baptist Church of the Villages that adjoins the Villages of Marion to be used as an accessory community recreation facility Currently a paved golf cart path and easement linking the Villages of Marion to the new Soulliere Villas phase recently added crosses the property Acquiring the property will allow the Center District to provide added services to Villages residents and provide for full ownership of the site by the Center District Once the acquisition is complete the Center District will be eligible to proceed with the needed approvals to formally add the site to the existing CDD and proceed with site development The proposed third amendment is attached with a location map for reference BudgetImpact None Recommended Action Motion to approve the Third Amendment to the Interlocal Agreement between Marion County and the Village Center Community Development District
7B Development Review Committee 7B1 Request Approval of Final Plat for Mulberry Grove East Phase 2 Subdivision Application 21376 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground On May 21 2018 the Development Review Committee approved the Final Plat for the Mulberry Grove East Phase 2 Subdivision and recommended that the Board approve and authorize execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 3 lots and 2 tracts on 1789 acres with 24 miles of private road BudgetImpact None Recommended Action Motion to approve the final plat for Mulberry Grove East and to authorize the Chair and Clerk to execute same
7C Growth Services 7C1 Request Approval for Release of Lien on Parcel No 12380-001-00 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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June 19 2018
same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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June 19 2018
Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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June 19 2018
7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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June 19 2018
Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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June 19 2018
The Board considered the following recommendation from Trial Court Administrator Lin Court Administration
DescriptionBackground If awarded this grant would allow for the enhancement and growth of our Marion County Juvenile Drug Court Budget Impact Up to a $400000 award for the 48-month grant period beginning October 1 2018 Federal funds under this program may not cover more than 75 percent of the total cost We plan to utilize both a donation of services from stakeholders and in-kind services to cover the 25 percent match Recommended Action Request approval to apply for the Drug Treatment Courts Program Grant FY2018 Category I for our Marion County Juvenile Drug Court Program
A motion was made by Commissioner Stone seconded by Commissioner Moore to approve the request to apply for the Drug Treatment Courts Program Grant FY 2018 Category I for the Marion County Juvenile Drug Court Program The motion was unanimously approved by the Board (5-0)
Chief Deputy Court Administrator Todd Tuzzolino Court Administration advised that additional grant funding was received and expressed appreciation to the Board for its support of problem solving courts veterans treatment court and the drug court expansion Also Court Administration plans to submit a request for the juvenile drug court to have an aftercare program to ensure there are preventative methods for substance abuse Chairman Bryant encouraged citizens to learn more about the countys veterans and drug court programs noting these programs are changing lives and setting people on a new path
5 CLERK OF THE CIRCUIT COURT 5A Request Adoption of the Following Budget Amendment Resolutions Upon motion of Commissioner Moore seconded by Commissioner Gold the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann 5A1 18-R-196 mdash Fine amp Forfeiture - Sheriff Regular - $227 5A2 18-R-197 mdash General Fund - Animal Services - $1806 5A3 18-R-198 mdash General Fund - Emergency Medical Services - $30000 5A4 18-R-199 mdash General Fund - Facilities Management - $23736 5A5 18-R-200 mdash General Fund - Planning and Zoning - $6000 5A6 18-R-201 mdash General Fund - Human Resources - $2900 5A7 18-R-202 mdash General Fund - Information Technology - $66000 5A8 18-R-203 mdash General Fund - MSTUAssessments - $16878 5A9 18-R-204 mdash General Fund - Parks and Recreation - $ 2600 5A10 18-R-205 mdash General Fund - Southeastern Livestock Pavilion - $ 2000 5A11 18-R-206 mdash Marion County Utilities Fund - Utilities - $8118 5Al2 18-R-207 mdash Medical Examiner Fund - Medical Examiner - $500 5A13 18-R-208 mdash MSTU for Law Enforcement - Sheriff Patrol amp CID - $53172 5A14 18-R-209 mdash Silver Springs Shores Special Tax District - Silver Springs Shores Recreation Facilities - $4250 (Ed Note MSTU is the acronym for Municipal Service Taxing Unit and CID is the acronym for Criminal Investigation Division)
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June 19 2018
Mr Ellspermann noted for the record Item 5A7 is associated with Item 7F5
5B Present Detailed Budget Workshop Schedule Assistant Budget Director Audrey Fowler presented a large binder entitled Proposed Line Item Budget Fiscal Year 201819 a binder entitled Proposed Budget Fiscal Year 201819 and Proposed Capital Improvement Program Fiscal Year 201819 - 202223 The 3 budget documents contain the proposed fiscal year (FY) 201819 budget for the BCC Constitutional Officers and Agencies that are under the purview of the Boards funding mechanisms Before the Board is the proposed Budget in two documents the first the Proposed Budget Document presents summary data of revenue and expenditures with graphics organization charts performance measures and narratives that should be useful to the Board and general public This document is organized by services across multiple funding sources The second and larger of the two volumes is the line item budget which includes detailed schedules of personnel and capital outlay for operating departments under the Board as well as the revenue and expenditure detail for all funds as required by Florida Statute Finally the third book (under agenda Item 5D) is the 5 year Capital Improvement Program (CIP) This document is continuously updated to reflect the major capital improvements for Marion County including all of the 1 Cent Infrastructure Surtax projects The first year of the proposed CIP is included in the proposed budget These documents are now available on the Clerks website at wwwmarioncountyclerkorg As the Board is just receiving these documents a detailed analysis will not be presented today A more comprehensive overview will be presented by the Budget Office at the beginning of the Budget Workshop in July which will then be followed by presentations and discussion of the funding requests and service levels of the County Administrator the Boards operating Departments Constitutional Officers Courts and funded outside agencies The detailed budget workshops are schedule for Wednesday July 18 2018 Thursday July 19 2018 Friday July 20 2018 and Monday July 23 2018 Following the conclusion of the Budget Workshops and before August 4 the Board will take action to set and notify the Property Appraiser of the proposed millage rates for FY 2018-19 and the date time and place of the public hearing tentatively scheduled for Thursday September 6 2018 at 700 pm in Commission chambers to consider adoption of the fiscal year 2018-19 proposed millage rates and budget As the budget workshops are schedule to begin after the second regularly scheduled Board meeting in July it will be necessary to continue the Tuesday July 17 2018 Board meeting in order to set the maximum millage rate prior to the States August 4 2018 deadline Clerk Ellsperman advised that the letter found on page 1 of the Proposed Budget Fiscal Year 2018-19 is a good narrative to read prior to budget workshops
5C Present Proposed Fiscal Year 201819 Budget This item was addressed with Item 5B
5D Present Proposed 201819 - 202223 Capital Improvement Program This item was addressed with Item 5B
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
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June 19 2018
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 Gold the Board acted on the Consent Agenda as follows
7A Attorney 7A1 Request Consideration and Approval of the Third Amendment to the Interlocal Agreement Between Marion County and the Village Center Community Development District (Budget Impact - None) The Board accepted the following recommendation as presented by County Attorney Matthew G Minter Legal
DescriptionBackground The Village Center Community Development District (Center District) who provides services within the Villages to its various residential Community Development Districts (CDDs) is requesting to amend the interlocal agreement with Marion County allowing the Center District to serve an additional property being acquired related to the Villages CDD No 4 (CDD) referred to as the Villages of Marion The Center District has contracted to acquire the former fellowship hall of the First Baptist Church of the Villages that adjoins the Villages of Marion to be used as an accessory community recreation facility Currently a paved golf cart path and easement linking the Villages of Marion to the new Soulliere Villas phase recently added crosses the property Acquiring the property will allow the Center District to provide added services to Villages residents and provide for full ownership of the site by the Center District Once the acquisition is complete the Center District will be eligible to proceed with the needed approvals to formally add the site to the existing CDD and proceed with site development The proposed third amendment is attached with a location map for reference BudgetImpact None Recommended Action Motion to approve the Third Amendment to the Interlocal Agreement between Marion County and the Village Center Community Development District
7B Development Review Committee 7B1 Request Approval of Final Plat for Mulberry Grove East Phase 2 Subdivision Application 21376 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground On May 21 2018 the Development Review Committee approved the Final Plat for the Mulberry Grove East Phase 2 Subdivision and recommended that the Board approve and authorize execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 3 lots and 2 tracts on 1789 acres with 24 miles of private road BudgetImpact None Recommended Action Motion to approve the final plat for Mulberry Grove East and to authorize the Chair and Clerk to execute same
7C Growth Services 7C1 Request Approval for Release of Lien on Parcel No 12380-001-00 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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June 19 2018
same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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June 19 2018
Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
Mr Ellspermann noted for the record Item 5A7 is associated with Item 7F5
5B Present Detailed Budget Workshop Schedule Assistant Budget Director Audrey Fowler presented a large binder entitled Proposed Line Item Budget Fiscal Year 201819 a binder entitled Proposed Budget Fiscal Year 201819 and Proposed Capital Improvement Program Fiscal Year 201819 - 202223 The 3 budget documents contain the proposed fiscal year (FY) 201819 budget for the BCC Constitutional Officers and Agencies that are under the purview of the Boards funding mechanisms Before the Board is the proposed Budget in two documents the first the Proposed Budget Document presents summary data of revenue and expenditures with graphics organization charts performance measures and narratives that should be useful to the Board and general public This document is organized by services across multiple funding sources The second and larger of the two volumes is the line item budget which includes detailed schedules of personnel and capital outlay for operating departments under the Board as well as the revenue and expenditure detail for all funds as required by Florida Statute Finally the third book (under agenda Item 5D) is the 5 year Capital Improvement Program (CIP) This document is continuously updated to reflect the major capital improvements for Marion County including all of the 1 Cent Infrastructure Surtax projects The first year of the proposed CIP is included in the proposed budget These documents are now available on the Clerks website at wwwmarioncountyclerkorg As the Board is just receiving these documents a detailed analysis will not be presented today A more comprehensive overview will be presented by the Budget Office at the beginning of the Budget Workshop in July which will then be followed by presentations and discussion of the funding requests and service levels of the County Administrator the Boards operating Departments Constitutional Officers Courts and funded outside agencies The detailed budget workshops are schedule for Wednesday July 18 2018 Thursday July 19 2018 Friday July 20 2018 and Monday July 23 2018 Following the conclusion of the Budget Workshops and before August 4 the Board will take action to set and notify the Property Appraiser of the proposed millage rates for FY 2018-19 and the date time and place of the public hearing tentatively scheduled for Thursday September 6 2018 at 700 pm in Commission chambers to consider adoption of the fiscal year 2018-19 proposed millage rates and budget As the budget workshops are schedule to begin after the second regularly scheduled Board meeting in July it will be necessary to continue the Tuesday July 17 2018 Board meeting in order to set the maximum millage rate prior to the States August 4 2018 deadline Clerk Ellsperman advised that the letter found on page 1 of the Proposed Budget Fiscal Year 2018-19 is a good narrative to read prior to budget workshops
5C Present Proposed Fiscal Year 201819 Budget This item was addressed with Item 5B
5D Present Proposed 201819 - 202223 Capital Improvement Program This item was addressed with Item 5B
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
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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 Gold the Board acted on the Consent Agenda as follows
7A Attorney 7A1 Request Consideration and Approval of the Third Amendment to the Interlocal Agreement Between Marion County and the Village Center Community Development District (Budget Impact - None) The Board accepted the following recommendation as presented by County Attorney Matthew G Minter Legal
DescriptionBackground The Village Center Community Development District (Center District) who provides services within the Villages to its various residential Community Development Districts (CDDs) is requesting to amend the interlocal agreement with Marion County allowing the Center District to serve an additional property being acquired related to the Villages CDD No 4 (CDD) referred to as the Villages of Marion The Center District has contracted to acquire the former fellowship hall of the First Baptist Church of the Villages that adjoins the Villages of Marion to be used as an accessory community recreation facility Currently a paved golf cart path and easement linking the Villages of Marion to the new Soulliere Villas phase recently added crosses the property Acquiring the property will allow the Center District to provide added services to Villages residents and provide for full ownership of the site by the Center District Once the acquisition is complete the Center District will be eligible to proceed with the needed approvals to formally add the site to the existing CDD and proceed with site development The proposed third amendment is attached with a location map for reference BudgetImpact None Recommended Action Motion to approve the Third Amendment to the Interlocal Agreement between Marion County and the Village Center Community Development District
7B Development Review Committee 7B1 Request Approval of Final Plat for Mulberry Grove East Phase 2 Subdivision Application 21376 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground On May 21 2018 the Development Review Committee approved the Final Plat for the Mulberry Grove East Phase 2 Subdivision and recommended that the Board approve and authorize execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 3 lots and 2 tracts on 1789 acres with 24 miles of private road BudgetImpact None Recommended Action Motion to approve the final plat for Mulberry Grove East and to authorize the Chair and Clerk to execute same
7C Growth Services 7C1 Request Approval for Release of Lien on Parcel No 12380-001-00 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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June 19 2018
same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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June 19 2018
Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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June 19 2018
reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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June 19 2018
requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
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 Gold the Board acted on the Consent Agenda as follows
7A Attorney 7A1 Request Consideration and Approval of the Third Amendment to the Interlocal Agreement Between Marion County and the Village Center Community Development District (Budget Impact - None) The Board accepted the following recommendation as presented by County Attorney Matthew G Minter Legal
DescriptionBackground The Village Center Community Development District (Center District) who provides services within the Villages to its various residential Community Development Districts (CDDs) is requesting to amend the interlocal agreement with Marion County allowing the Center District to serve an additional property being acquired related to the Villages CDD No 4 (CDD) referred to as the Villages of Marion The Center District has contracted to acquire the former fellowship hall of the First Baptist Church of the Villages that adjoins the Villages of Marion to be used as an accessory community recreation facility Currently a paved golf cart path and easement linking the Villages of Marion to the new Soulliere Villas phase recently added crosses the property Acquiring the property will allow the Center District to provide added services to Villages residents and provide for full ownership of the site by the Center District Once the acquisition is complete the Center District will be eligible to proceed with the needed approvals to formally add the site to the existing CDD and proceed with site development The proposed third amendment is attached with a location map for reference BudgetImpact None Recommended Action Motion to approve the Third Amendment to the Interlocal Agreement between Marion County and the Village Center Community Development District
7B Development Review Committee 7B1 Request Approval of Final Plat for Mulberry Grove East Phase 2 Subdivision Application 21376 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground On May 21 2018 the Development Review Committee approved the Final Plat for the Mulberry Grove East Phase 2 Subdivision and recommended that the Board approve and authorize execution by the Chair and the Clerk This subdivision is located in the southeast portion of the County and contains 3 lots and 2 tracts on 1789 acres with 24 miles of private road BudgetImpact None Recommended Action Motion to approve the final plat for Mulberry Grove East and to authorize the Chair and Clerk to execute same
7C Growth Services 7C1 Request Approval for Release of Lien on Parcel No 12380-001-00 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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June 19 2018
same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
The Board accepted the following recommendation as presented by Growth Services Director Martsolf
DescriptionBackground On October 18 2007 a dilapidated single-family residence at 8835 NW Hwy 326 Ocala was declared an unsafe structure It was later demolished and a lien for abatement costs was recorded against the property owned by the Estate of Ethorn Buie and Alberta Buie in March 2009 In 2015 the property was sold at a tax deed sale to John Riolo who conveyed the property in August 2016 via a quit claim deed to George and Angeline Auriemma On April 25 2018 the property was sold to Bridlewood Holdings LLC via a warranty deed The owners attorney Randolph Klein has indicated the owner is seeking relief of the interest that has accrued on the abatement lien in exchange for making the County whole by paying the abatement cost and the administrativestaff costs 1152015 John Riolo purchased at a tax deed sale for $384900 8122016 George amp Angeline Auriemma purchased via a quit claim deed for $800000 4252018 Bridlewood Holdings LLC purchased via warranty deed for $1250000
Abatement lien $ 529400 Abatement interest $ 586894 Administrative $ 27572 Staff $ 5425 Total $ 1149291
Marion County Property Appraiser 2017 Assessed Value is $12000 Recommended Action Motion to approve a conditional release of lien on parcel 12380-001-00 subject to the condition of payment of all costs expended by the County to abate the violation administrative costs and staff costs ($562397) by Bridlewood Holdings LLC within 60 days
7D Human Resources 7D1 Request Approval of Selection Committee Recommendations for RFP 18P-131 for Critical Illness Cancer and Accident Voluntary Insurance - AllStateCustom Benefit Services with Abshier Insurance Agency and Bid Exemption for Boston Mutual Life through the Florida Association of Counties (Budget Impact - None Employees Pay 100 of the premium) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart
DescriptionBackground The purpose of this Request for Proposal (RFP) is to obtain competitive proposals for voluntary insurance for critical illness cancer and accident policies Additional services and products were solicited for whole life pet insurance and legal assistance Twelve (12) submittals were received evaluated and scored by the Selection Committee consisting of Bart Walker-BCC Fire Service David Palmer-Sheriffs Office Kim Brandlein-BCC HRRisk and Sheri Wiley-BCC HRRisk Proposals were received from Aetna AFLAC AllState American Fidelity Colonial Life The Hartford Metropolitan Life New York Life Pet Assure Corp and US Legal Services Inc Currently employees are offered voluntary insurance of critical illness cancer and accident coverage with AllState Proposals were evaluated based on providing the
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June 19 2018
same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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June 19 2018
Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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June 19 2018
reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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June 19 2018
Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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same benefits as the current coverage or better Overall benefits guarantee issue portability pricing and rate guarantees were key elements for consideration AllState was chosen by the committee based on the critical illness cancer and accident benefits AFLAC was scored as the top response for whole life however in comparison to Florida Association of Counties (FAC) Employee Life Option Plus (ELOP) through Boston Mutual Life the ELOP product offers lower rates guaranteed issue and guaranteed portability Therefore it is staffs recommendation to reject the RFP Whole Life responses and proceed with the Boston Mutual ELOP through FAC Based on the responses received for pet insurance and legal assistance it is staffs recommendation to reject all proposals and reevaluate these services at a later date BudgetImpact None employees pay 100 of the premium Recommended Action Motion to approve the Selection Committee recommendation for RFP 18P-131 for Critical Illness Cancer and Accident voluntary insurance products with AllStateCustom Benefit Services Abshier Insurance Agency and Human Resources recommendation for a bid exemption for Boston Mutual Life through the Florida Association of Counties effective October 1 2018
7E MSTU 7E1 Request Approval for Final Acceptance of the Turning Hawk Road Improvement Area and Release Contractor from Further Warranty (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Shawn Hubbuck
DescriptionBackground The Project Coordinator and Davis Dinkins Engineering PA inspected the Turning Hawk Road Improvement Area (Bid No 16-B-122) and the results of the inspection determined the end of the warranty period The warranty period began on January 17 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty CW Roberts Contracting Inc agreed to extend the warranty to monitor a small section where some minor cracking occurred After a re-inspection on May 23 2018 a determination to end the warranty was agreed upon by both the Project Coordinator and Davis Dinkins Engineering PA Marion Countys Office of the County Engineer will continue to maintain the Turning Hawk Road Improvement Area BudgetImpact None Recommended Action Motion to accept the construction of Turning Hawk Road Improvement Area and authorize the Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E2 Request Approval for Final Acceptance of the Sugar Hill Estates 1st Addition Road Improvement Area and Release Contractor from Further Warranty (Budget Impact shyNone) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground The Project Coordinator for Marion County and Planning amp Engineering Resources Inc inspected the Sugar Hill Estates 1st Addition Road
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Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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June 19 2018
The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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June 19 2018
as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
Improvement Area (Bid No 16-B-164) and the results of the inspection determined the end of the warranty period The warranty period began on March 23 2017 with anticipation that the end of warranty would be one year later Prior to the end of the warranty John L Finch Contracting Corp agreed to extend it to monitor the replacement of sod After a re-inspection on May 21 2018 a determination to end the warranty was agreed upon Marion Countys Office of the County Engineer will continue to maintain the Sugar Hill Estates 1st Addition Road Improvement Area BudgetImpact None Recommended Action Motion to accept construction of Sugar Hill Estates 1st Addition Road Improvement Area and authorize Chairman to execute a letter to the contractor advising them that they are released from further warranty of this project
7E3 Request Approval to Accept Petitions from the Property Owners within The Hamlet of Sherman Oaks for a Proposed General Services MSBU for Street Lighting Landscaping Gate Maintenance and Road Maintenance (Budget Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck
DescriptionBackground Petitions were sent via certified mail with return receipts to all of the impacted property owners within The Hamlet of Sherman Oaks assessment area The purpose for the petitioning process was to solicit input from property owners regarding establishing a General Services MSBU for street lighting landscaping gate maintenance and road maintenance The summarized tabulated results of the returned petitions by MSTU are
Total Property Owners 22 Total Owners Responding Timely 16 Total Owners Responding In Favor 13 Total Owners Responding Not in Favor 1 Total Owners Responding Invalid 2
We have concluded that 93 of the timely responding property owners voted in favor of the proposed MSBU Pending the Boards acceptance of the petitions the next step for staff is to draft an ordinance and request to schedule a public hearing to set a final assessment rate All costs associated with this proposed MSBU will be borne by the affected property owners within the designated project boundaries BudgetImpact None Recommended Action Motion to accept petitions from property owners to create a General Services MSBU in The Hamlet of Sherman Oaks for street lighting landscaping gate maintenance and road maintenance and direct staff to prepare an ordinance and request a public hearing to set a final assessment rate
7F Procurement Services 7F1 Request Approval of Bid Award 18B-132 Manhole Rehab 2018 mdash TV Diversified LLC West Palm Beach FL (Budget Impact - Neutral expenditure of $350000 as approved in FY 1718 budget)
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
The Board accepted the following recommendation as presented by Procurement Services Director Susan Olsen
DescriptionBackground On behalf of Marion County Utilities (MCU) Procurement advertised a bid for rehabilitation of 14 and replacement of two (2) manholes within its Manhole Rehabilitation Program service areas Work includes sandblasting grout repair and lining manholes replacing the ring and covers and repouring manhole benches TV Diversified LLC (ND) submitted the only response They are a qualified and experienced firm in several related services under the Program including slip-lining of gravity mains Slip-lining is a trenchless method of rehabilitating pipelines to repair leaks or restore structural stability Because the manhole rehab work was well under the anticipated budget MCU and Procurement Staff conducted a pre-award meeting with ND and asked about the possibility of adding the slip-lining work and related costs while ND was already mobilized in Marion County Both a fee schedule and references for the slip-lining were provided and Acting Utilities Director and Assistant County Administrator Angel Roussel supports Staffs recommendation to award this contract to ND including the slip-lining services If approved today slip-lining will be added to the scope of services not to exceed an additional $168000 authorized through the change order process and supported by additional bonding Attached for review is a contract draft pending approval at todays meeting it will be sent to N Diversified and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral the manhole rehab work shall not exceed $150818 Total contract shall not exceed $350000 including the $31182 contingency requested Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with N Diversified LLC the lowest responsive responsible bidder for 18B-132
7F2 Request Approval of Task Order for CivilSite Engineers for Miscellaneous Projects 15Q-051-TO-85 CR464 Road Forcemain Extension and Replacement Phase 3 - Pigeon-Roberts and Associates LLC Ocala FL (Budget Impact - Neutral expenditure of $73207 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground At its May 19 2015 BCC meeting the Board approved contracts with ten (10) firms under 15Q-051 to provide various civil and site engineering services for County departments Selection of firms for task orders can depend on area of specialty or on a rotating basis Pigeon-Roberts and Associates LLC has been selected to provide survey and engineering and bid-support services for the design and permitting of a 16 forcemain along SE Maricamp Road between Pine Road and Clear Road as identified on the attached location map A copy of Pigeon Roberts scope of work is attached for reference and will become part of the project file and backup to the purchase order BudgetImpact Neutral expenditure shall not exceed $73207 Recommended Action Motion to approve recommendation and authorize staff to release the purchase order for 15Q-051-TO-85 for the CR464 Forcemain Extension and Replacement Phase 3 project
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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June 19 2018
reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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June 19 2018
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
7F3 Request Approval of Bid Award 18B-180 DRA 1116 Significant Erosion Repair shyHurricane Irma - Professional Services Group LLC Deland FL (Budget Impact - Neutral expenditure of $66109 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground On behalf of the Office of the County Engineer Procurement advertised a bid for significant erosion repair due to Hurricane Irma within drainage retention area DRA 1116 at NW 60th Ave off of NW 17th St The estimated budget for this project was $93000 and seven (7) firms submitted bids County Engineer Tracy Straub requests to contract with the low bidder based on the tabulation below
FIRM - City TOTAL BID Professional Services Group mdash Deland FL $ 6610900 Hamlet Underground mdash Ocala FL $ 7153500 Hartman Civil mdash Ocala FL $ 7301000 Commercial Industrial Corp mdash Ocala FL $ 8429725 Art Walker Construction mdash Ocala FL $ 9927600 GWP Construction mdash Ocala FL $10419814 John L Finch mdash Summerfiekt FL $11537000
Work is to be substantially complete within 21 calendar days with an additional seven (7) calendar days for final completion Attached for review is a draft of the contract pending approval at todays meeting it will be sent to GWP for signature and upon return will be forwarded for the County Attorney Clerk and Chairmans signatures BudgetImpact Neutral expenditure of $66109 Up to ten percent (10) contingency is requested and may be added to the purchase order per the Procurement Manual when approved in writing by the project manager Recommended Action Motion to approve recommendation and allow staff to issue contract and upon approval by Legal authorize the Chairman to execute contract with Professional Services Group LLC under 18B-180
7F4 Request Approval of Change Order to Purchase Order 180692 15Q-017-TO-06 Oak Run Odor Control - Pigeon-Roberts amp Associates LLC Ocala FL (Budget Impact shyadditional expenditure of $99685 as approved in FY 1718 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground Marion County Utilities (MCU) requisitioned a task order to Pigeon-Roberts amp Associates in February 2018 under its Water and Wastewater Treatment Plant Engineering Services contract 15Q-017 Purchase order (PO) 180692 was issued for the investigation and development of an action plan to resolve odor issues at the Oak Run facility totaling $11490 At this time a change order is being presented to add $99685 and 150 days for the cost and time of necessary design improvements at the facility Contracts are not required of professional services however the firms statement of work is in the file and attached for review as part of the change order process and will become part of the task order
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BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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June 19 2018
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
BudgetImpact Neutral project cost for this additional work is $99685 as approved in FY 1718 budget which brings the projects total design cost to $111175 Recommended Action Motion to approve and authorize the Chairman to execute change order to PO 180692 to Pigeon-Roberts amp Associates LLC under 15Q-017shyTO-06 for the Oak Run Odor Control project
7F5 Request Approval for Purchases over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The requisitions listed below have been received by Procurement Services and are approved for conformance with the Procurement CodeManual pending approval at todays meeting Pending RequisitionDell Marketing LP - Information Technology requests approval to purchase a new system to replace the Countys CommVault Enterprise Backup System hardware Procurement in accordance with 13ST-168 approved June 18 2013 Total cost $14663083 funds available in account 2510-564101 Pending RequisitionIteris - Office of the County Engineer requests approval to purchase 43 Velocity-Ethernet shelf mount field units 43 Vantage Velocity Antennae and one (1) Dell Velocity Service (including Windows OS and a three-year hardware warranty) Procurement in accordance with 10ST-169 approved October 15 2013 Total cost $157420 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 24 Proxim 58GHz broadband radio link (2 radios per link) Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $110280 funds available in account 1165-563220 Pending RequisitionTemple - Office of the County Engineer requests approval to purchase 20 TKH security cameras Procurement in accordance with 09SS-132 approved July 21 2009 Total cost $57780 funds available in account 1165shy563220 Pending RequisitionPresidio Networked Solutions - Information Technology requests approval of purchase to upgrade Cisco network routers and wireless infrastructure with the first three years warranty and support services included in the cost Procurement in accordance with WSCA-NASPO 43220000-WSCA-14shyACS valid through July 26 2018 Total cost $246370 funds are available in account 2510-564101 ($218146) and pending approval of a BAR during todays meeting 2510-531109 ($28224) If approved both quotes and the Scope of Work from Presidio are presented for the Chairmans signature pursuant to Contract No 18C-193 Recommended Action Motion to approve purchases over $50000
7F6 Request Ratification of Purchase over $50000 The Board accepted the following recommendation as presented by Procurement Services Director Olsen
DescriptionBackground The item listed below has been received by Procurement Services for approval in conformance with the Procurement CodeManual Duval Ford mdash Marion County Sheriffs Office is requesting ratification of payment for the purchase of twenty (20) new 2018 Ford Interceptor Police Rated Utility
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Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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June 19 2018
Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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June 19 2018
reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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June 19 2018
Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
Vehicles for their Safety Resource Officers Total cost of $567738 was paid with Infrastructure Sales Tax Revenue funds available in account 1287-564101 Recommended Action Motion to ratify the purchase over $50000
7G Transportation - County Engineer 7G1 Request Approval of the Release of a Subdivision Improvement Agreement with Surety Bond Associated with Ocala Preserve mdash Phase 18A (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub Office of the County Engineer (OCE)
DescriptionBackground This is a request to approve the Release of a Subdivision Improvement Agreement with Surety Bond associated with Ocala Preserve mdash Phase 18A The improvements were inspected on March 30 2018 and a Certification of Satisfactory Completion letter was sent to the Developer The release will be recorded in the Public Record for proper satisfaction of the surety bond BudgetImpact None Recommended Action Motion to approve the attached Release and to authorize the Chair and Clerk to execute the same
7G2 Request Approval of a Right-of-Way Easement from Marion County to Clay Electric Associated with Parcel 01671-001-00 (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground This is a request to approve a Right-of-Way Easement from Marion County to Clay Electric over and across a portion of parcel 01671shy001-00 which will reduce an existing blanket easement from forty (40) feet wide to thirteen (13) feet wide The proposed Easement is parallel and adjacent to the westerly right-of-way of CR 329 and will enable Clay Electric the right access and ability to construct rebuild operate inspect repair alter improve remove add to and maintain electrical lines and systems within the easement area Additionally a Partial Release of Easement from Clay Electric will be recorded at the same time as the abovementioned Right-of-Way Easement and Clay Electric will be required to obtain a Right-of-Way Permit when working outside of the proposed easement area This proposed easement was previously presented to the Board on May 3 2016 however Clay Electric never followed through obtaining the easement or right-of-way permit Subsequently parcel 01671-001-00 was selected for a mitigation site for an active project NE 35th Street In order to comply with the permitting for the mitigation site Clay Electric has agreed to a thirteen feet (13) wide easement instead of the previously granted fifteen feet (15) wide easement BudgetImpact None Recommended Action Motion to approve the Right-of-Way Easement from Marion County to Clay Electric and authorize the Chair and Clerk to execute the same
7G3 Request Approval of Agreement for Maintenance of Irrigation Landscape and Hardscape on SW 90th Street for On Top of the World Communities and Associated with Indigo East South Residential Subdivision amp Modal Path Application 19883 amp 21462 (Budget Impact - None)
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The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The final plat for On Top of the World (OTOW) Indigo East South Phase IV Subdivision 21139 was approved by DRC on February 19 2018 subject to the following being satisfied before certificate of occupancy (CO) of the last building permit for the Indigo East South Residential Subdivision 19883 A maintenance agreement for the pavers ribbon curb and other associated appurtenances that have been installed in the Countys right-of-way on SW 90th Street The attached maintenance agreement satisfies the above requirement BudgetImpact None Recommended Action Motion to approve the attached Maintenance Agreement and authorize the Chair and Clerk to execute the same
7G4 Request Approval of Resolution to Enter into the Supplemental Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Equipment Purchase for the Continuing Deployment of Intelligent Transportation System (ITS) Technology on Designated Roadways in Marion County (Budget Impact - Neutral) The Board accepted the following recommendation to adopt Resolution 18-R-210 as presented by County Engineer Straub OCE
DescriptionBackground The County is currently expanding the Advanced Traffic Management System The County previously entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the purchase of Intelligent Transportation System (ITS) equipment to be installed on designated roadways in Marion County and to be reimbursed for this effort The board is requested to approve the attached resolution and enter into the Supplemental Amendment 1 modifying the original JPA to remove devices that are no longer needed and to add new devices that further enhances the Countys traffic system management capabilities These modifications are a result of changes in technology and staff discussions with FDOT and Transportation Planning Organization The primary locations of this work are as follows SR 200 from CR 484 to SW 66 St CR 484 from Marion Oaks Course to US 301 US 441 from SE 178 PI to SE 92 St SR 326 from 1-75 to CR 200A SR 35 from SR 464 to SR 40 CR 25 from US 441 to SE 100 Ave CR 464 from Oak Road to SE 44 Ave Rd US 27 from CR 225A to NW 44 Ave BudgetImpact $158233000 mdash The costs will be reimbursed by FDOT Recommended Action Motion to approve the attached resolution to enter into the Supplemental Amendment 1 to the JPA with FDOT
Resolution 18-R-210 is entitled A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AND AUTHORIZING THE CHAIR AND CLERK TO EXECUTE SAME PROVIDING AN EFFECTIVE DATE
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7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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June 19 2018
reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
7G5 Request Approval of the Marion County Debris Management Plan (Budget Impact shyNone) The Board accepted the following recommendation as presented by County Engineer Straub OCE
DescriptionBackground The purpose of this Debris Management Plan (DMP) is to facilitate and coordinate Debris Management Operations (the clearance collection staging and disposal of debris) following any manmade or natural disaster (event) to provide guidance on the management of debris in order to protect against any potential threat to the lives health safety and welfare of impacted citizens facilities or the community to minimize the extent of damages to expedite recovery and restoration efforts and to ensure the components (resources and procedures) critical to the success of Debris Management Operations within the unincorporated limits of the County are in place The Federal Emergency Management Agency (FEMA) requires that this plan be developed based on knowledge research and past experience The Marion County Office of the County Engineer and the Marion County Solid Waste Department who are responsible for the oversight of Debris Management Operations participated in the development of this plan It is incorporated into the Marion County Comprehensive Emergency Management Plan (CEMP) also adopted by the Board As with the CEMP FEMA recognizes the DMP as a living document and expects it to be reviewed and revised based upon future experiences lessons learned or changes in requirements or practices Upon Board approval the DMP will be submitted to FEMA for their review and acceptance BudgetImpact None Recommended Action Motion to approve and authorize for use the Marion County Debris Management Plan
7H Utilities 7H1 Request Approval of Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement Contract Number 97-2 (Budget Impact - None) The Board accepted the following recommendation as presented Utilities Director Thomas McCormick
DescriptionBackground The ownerdeveloper of Lake Diamond Golf amp Country Club is in the process of developing real property described in EXHIBIT 1 which would complete the subdivision To provide water service to the newly developed property the County would like to upsize the proposed 8 water transmission main from water treatment plant G to a 12 water line The upsizing of the transmission line from G plant will provide additional flow to the overall County system The total cost of upsizing the water main has been determined to be $12043300 BudgetImpact None Developer will receive water capacity credits usable against the transmission element of future water capital charges Recommended Action Motion to approve the Amendment 2 to Marion County Water and Wastewater System Standard Developers Service Agreement
8 COUNTY ATTORNEY NONE
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UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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June 19 2018
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
UPDATE County Attorney Matthew G Minter advised that previously the Board approved PACE funding agreements for energy facilities in Marion Oaks Recently the county has been contacted by a 4th PACE provider which will come before the Board for consideration on July 17 2018
9 COUNTY ADMINISTRATOR 9A Administrative Updates 9A1 Parks and Recreation Update Summer Programs - Jim Couillard PLA ASLA Parks amp Recreation Director Parks DirectorLandscape Architect Jim Couillard PLA ASLA Parks amp Recreation Department gave a brief update on summer programs offered by the department There are 7 different camps over a 9 week period this year which totals 34 different camp session with 798 attendees Camp revenue is $93685 and at the end of the summer staff will bring back to the Board the cost recovery analysis One of the more successful camps this year is the First Responder Camp which is a partnership between Marion County Fire Rescue (MCFR) Marion County Sheriffs Office (MCSO) United States Department of Agriculture (USDA) and Florida Fish and Wildlife Conservation Commission (FWC) Another popular camp is Firewise which is federally funded through Secure Rural Schools Grant Funding The camp runs all 9 weeks at Brick City Adventure Park and has a total of 444 attendees Camps that filled up the quickest this year were the Extreme Adventure Camp and Fish Camp A new camp that started this year which has been extremely successful and is the most affordable ($100 a week) is McPhun Camp some of the activities include attending the Central Florida Zoo Ice Skating Roller Skating local springs and parks Mr Couillard advised that Marion County Parks and Recreation Incorporated has offered scholarships for 34 children this year with a total value of $4551 Funds are generated through bleacher sales during the annual Christmas Parade Commissioner Stone questioned how someone could apply for a camp scholarship Mr Couillard advised that anyone can contact the Parks and Recreation Office Camp advertisements are made through social media and email contact lists as well as there is a $50 discount to county employees for camp
9A2 Animal Services Update - Jeannie Rickman Assistant County Administrator of Public Services Mr Bouyounes presented a 7 page document entitled Crisis Action Steps and advised that roughly a week ago the Board received a report from the University of Florida (UF) relating to Marion County Animal Services Staff is reviewing the report and is trying to develop a strategy going forward There are several small steps the county can take immediately and the department has begun putting those steps in action He urged the Board to review the study objectively to prepare for the July 23 2018 workshop The County Legal Office is reviewing the existing Ordinance and recommendations from UF to determine what implications that will or will not have on existing rules and regulations Mr Bouyounes requested Board consensus to allow Animal Services to charge $20 to low income residents for spayneuter services which will be addressed in the proposed Resolution that will be brought before the Board on July 17 2018 during the regular Board meeting A draft fee resolution is included in the packet If the Board has any comments or suggestions the fees schedule can be revised prior to Board approval
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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Animal Services Director Deborah Horvath advised that the first 2 pages of the document is the Crisis Action Steps provided by UF the next 2 pages are what staff was able to accomplish over the last week and the next 2 pages are proposed changes to the fee schedule Commissioner Gold out at 949 am Ms Horvath stated during the week of May 29 2018 the UF Shelter Medicine Team spent several days with Animal Services They met with Administration Commissioners and visited other rescues as well as conducted a community meeting with more than 85 people in attendance Staff has addressed every action step with the exception of number 12 relating to the purchaseinstall sound abatement panels on ceilings in all dog kennels Staff is conducting research on the cost of the sound abatement panels and possible grants to assist in funding that project She advised that Animal Services has scheduled their first Animal Coalition meeting for Wednesday June 20 2018 at 1200 pm and invited the Board to attend Volunteers from Sheltering Hands the Humane Society Voices of Change Animal League (VOCAL) and Society for the Prevention of Cruelty to Animals (SPCA) of Ocala will also be present at the meeting Chairman Bryant advised that she will be attending the meeting Commissioner Gold returned at 951 am Ms Horvath advised that a per diem veterinarian started today assisting Dr Zimmerman but is only available 2 days a week because she lives in Sarasota Florida Animal Services is searching for a full time veterinarian and currently has 2 very good prospects All medications and disinfectants suggested by UF have been purchased She stated Animal Services is asking citizens to become Good Samaritan Fosters noting they provide all the necessities required to care for the kittens Ms Horvath stated Dr Fleck from Sheltering Hands has agreed to assist with spayingneutering community cats which should allow the department to spayneuter 40 to 50 cats per month A donor has agreed to donate $25000 for new cat cages in the adoption wing Currently Animal Services has 3 rooms with cats and UF has made recommendations for the space but staff will address that during the workshop Mr Bouyounes advised that staff is looking for grants donations and community assistance to fund this project Ms Horvath stated the few small changes in the last 18 days since UF left the facility the live release rate increased to 252 Staff is requesting the Board allow low income spayneuter in the amount of $20 The Neuter Commuter will be on the road until the end of June 2018 Hopefully in July the Neuter Commuter will be back in service and will be able to offer the low income service She advised that staff has almost accomplished everything in the Crisis Action Steps and are in the process of working through the entire study In response to Chairman Bryant Ms Horvath advised that she approached Doctor Julie Levy UF during the Florida Animal Patrol Association conference and requested assistance at the Marion County Shelter She stated Ms Levy later called and asked if Marion County would be interested in this program Upon agreeing to participate UF applied for the grants required Chairman Bryant commended Ms Horvath and staff for identifying there was an issue and taking the first step to get the process started She advised that some misinformation has spread among the community that the Neuter Commuter is shutting down which is not the case In order to make a dent in the numbers the Veterinarian has to be brought in-house full time and another Veterinarian hired to work the Neuter Commuter The only
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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reason the Neuter Commuter is not on the road 5 days a week is because the county has been unsuccessful in hiring Veterinarians Similar to other professions there are less and less people pursuing that field Commissioner Gold commented on the cleanliness of the shelter and advised that he is in favor of the $20 low income spayneuter He stated Neuter Commuter cancellations have been an issue and questioned if the county could request a deposit for the service Ms Horvath advised that part of the issue is the person scheduling the appointment a month to 6 weeks in advance may have the money at that time but at the time of the appointment they may not In the past the Neuter Commuter performed 12 to 15 spayneuters but have reduced to 8 or 10 per day Mr Bouyounes stated staff will bring back more information during the Animal Services workshop In response to Commissioner Gold Ms Horvath advised that last week in one day Animal Services took in 78 cats between the hours of 1000 am and 200 pm There was also an upper respiratory infection (URI) issue in the facility Currently there is room for 120 cats and at that time there were over 300 In the month of May the department took in 1051 animals on top of what was already in the shelter Commissioner Bryant questioned how many animals are currently at the shelter Ms Horvath stated they are absolutely full with dogs (198) and are down to 116 cats noting some cages have to remain open for Field Officers Chairman Bryant advised that if anyone is interested in fostering a mother cat and her kittens Animal Services will provide all the supplies Ms Horvath stated cat adoptions this month are $10 and discount rates for dogs are being considered for next month It was the general consensus of the Board to move forward with the $20 low income spayneuter In response to Commissioner Zalak Ms Horvath advised that staff is working on what the process will be to determine low income Mr Bouyounes stated they are going to follow as close as possible the process used by Community Services to remain consistent General discussion ensued Ms Horvath noted Animal Services has a list of 25 rescues that they work with throughout the state This year alone those rescues have taken in over 400 animals which is more than any prior year In response to Commissioner Gold Ms Horvath advised that Animal Services has a revenue donation account where donations can be made to cover the cost of low income spayneuter Commissioner Zalak questioned what has to be changed in regard to being able to release animals into the community Mr Bouyounes stated the change in the countys Ordinance and standard operating procedures will be addressed during the workshop Ms Horvath advised that Legal is reviewing the Ordinance to determine what changes can be made In response to Commissioner Zalak Mr Bouyounes advised that once the changes are made to the Ordinance a public hearing will be scheduled which should take place at the first meeting in August There should be an opportunity to implement some of the practices while the Ordinance is being changed
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Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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June 19 2018
Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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June 19 2018
Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
Chairman Bryant noted it is the ten oclock hour She advised that the Board will continue with the County Administrator Agenda items after the public hearing has concluded 6 PUBLIC HEARINGS (Request Proof of Publication) at 1000 am Public participation is encouraged When prompted please step up to the podium and state your name and address for the record Please limit your comments to the specific issue being addressed 6A PUBLIC HEARING - To Consider Ordinance Amending Section 12-682 of the County Code of Ordinances to Include the City of Dunnellon as a Municipality in the MSTU County Attorney Matthew G Minter Legal presented the following recommendation
DescriptionBackground As part of MCFRs assumption of fire rescue responsibility for the City of Dunnellon the City Council of the City of Dunnellon adopted separate ordinances consenting to inclusion in both the MSBU for Fire Rescue Assessment and the MSTU for Emergency Medical Services and Fire Protection and Rescue Services (City Ordinance No 18-02) Sec 12-682 of the County Code currently does not name the City of Dunnellon as a municipality that may be included in the MSTU Now that the City has adopted their consent ordinance this will provide a corresponding amendment to our County Code BudgetImpact None Recommended Action Motion to consider adoption of an ordinance amending section 12-682 of the County Code
Deputy Clerk Lewter presented Proof of Publication No A000934894 entitled Notice of Public Hearing published in the Star Banner newspaper on June 8 2018 The Notice states the Board will consider amending Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a Municipality in the MSTU for EMS and Fire Protection and Rescue Services Mr Minter commented on the request to amend Section 12-682 of the County Code of Ordinances to include the City of Dunnellon as a municipality in the MSTU Chairman Bryant opened the floor to public comment There being none Chairman Bryant advised that public comment is now closed A motion was made by Commissioner Moore seconded by Commissioner Stone to adopt Ordinance 18-16 amending Section 12-682 of the County Code The motion was unanimously approved by the Board (5-0) Ordinance 18-16 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA AMENDING THE MARION COUNTY CODE OF ORDINANCES CHAPTER 12 MUNICIPAL SERVICE TAXING UNITS ARTICLE XLII MARION COUNTY MSTU FOR EMERGENCY MEDICAL SERVICES AND FIRE PROTECTION AND RESCUE SERVICES SEC 12-682 UNIT ESTABLISHED BOUNDARIES TO INCLUDE THE INCORPORATED AREA OF THE CITY OF DUNNELLON WITHIN THE UNIT PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE AND PROVIDING AN EFFECTIVE DATE
UPDATE Mr Bouyounes requested the Boards permission to move Item 13A14 up at this time 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey
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Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- 8 COUNTY ATTORNEY NONE
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June 19 2018
Mr Bouyounes advised that Fire Chief Banta is present today to provide and update on the countys Insurance Services Office (ISO) rating Chairman Bryant passed the gavel to Commissioner Stone who assumed the Chair Commissioner Bryant out at 1012 am Fire Chief James Banta MCFR advised that the ISO is an independent risk evaluator which reviews the effectiveness efficiencies and service delivery of a fire department and a community A comprehensive review of staffing equipment water supply and community outreach is reviewed and assigned a score The score is based on an evaluation commonly reffered to as a public protection class (PPC) rating Currently ISO assigns communities with PPCs from Class 1 to Class 10 Class 1 is considered the best rating possible and can positively impact the insurance rating in a community Many insurance companies utilize the PPC to determine premiums Although the amount of savings is determined by each individual insurance provider typically communities with a lower PPC rating benefit from premium reductions MCFR conducted its first countywide survey in 2011 which resulted in a PPC rating of 44y Prior to this survey ISO conducted single station surveys and assigned Classes to each individual fire station area PPC Classes range from 5 to 9 in different areas Based on results of the 2011 survey properties within 5 miles of a recognized fire station and within 1000 feet of a fire hydrant received a Class 4 PPC Properties within 5 miles of a recognized fire station but not within 1000 feet of a fire hydrant would receive a 4y rating Commissioner Bryant returned at 1014 am Chair Stone returned the gavel to Commissioner Bryant who resumed the Chair The basis between the two ratings accounts for the same level of equipment staffing and skilled firefighters that respond to an emergency except for having a water source Soon after receiving the results in 2011 MCFR began evaluating ways to improve the PPC score As part of a continued quality improvement process Marion County examined all aspects of the PPC and identified improvements which could be made in certain areas MCFR immediately began making these changes to improve the PPC score for the next evaluation Chief Banta stated Marion County was scheduled to have an ISO evaluation completed in September 2017 but unfortunately Hurricane Irma impacted the area and postponed the review until October 17 2017 While the community recovered from Hurricane Irma MCFR assisted with recovery efforts and prepared for the survey In June 2018 Marion County was notified of the results of the 2017 survey Marion Countys PPC improved from a Class 4 to a Class 3 This is a significant achievement considering the complex make up of Marion Countys urban and rural areas The improved PPC is a direct result of cooperative efforts of all stakeholders in the community directly impacting residential and community property owners This could not have been possible without the support of the community County Administration and the BCC The resulting score of 033y represents a 16 point increase in the overall rating from the 2011 survey The new rating places the effectiveness service delivery and professionalism of MCFR within the top 10 of fire departments nationwide The new rating becomes effective September 1 2018 and citizens are encouraged to contact their insurance providers concerning the change in PCC Chief Banta advised that without the leadership of Fire Marshal Ken McCann this survey would not have been possible Also since MCFR absorbed fire services for the City of Dunnellon they became a part of the survey Their last survey was rated a 6 and in less than a year of the county taking over they are at a 3
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Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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June 19 2018
Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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June 19 2018
Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
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June 19 2018
Fire Marshal Ken McCann MCFR expressed appreciation to the Board and community for supporting MCFR noting fire rescue is moving in a great direction Commissioner Gold asked if it is too early to determine the type of savings residents and businesses will receive from the new rating Mr McCann advised that ISO issues the classification surveys but each individual insurance provider determines what is paid for the insurance In response to Commissioner Gold Chief Banta stated within 1 week of advertising since the new contract was approved the department has 24 fully qualified FirefighterParamedic applications which is more applications for FirefighterParamedics than received in the last 5 years The majority of the individuals interested are from surrounding areas not too distant from Marion County Mr Bouyounes advised that the county was only 23rd of a point from a level 2 rating Level 2 is usually found in urbanized dense areas where all systems are in place Chairman Bryant questioned how the countys rating compared to the City of Ocala Chief Banta stated The City of Ocala improved their rating to a 2 County staff are reviewing the survey and are confident that in the next survey Marion County will be able to achieve a 2 He noted the new rating does not take effect until September 2018 and urged the public to not call MCFR to request letters for insurance companies until September In response to Commissioner Zalak Chief Banta advised that there have not been 24 FirefighterParamedic applications in the past 5 years Commissioner Gold questioned what it will take for the county to achieve a 2 rating Chief Banta advised that there are a couple of components such as staffing and the way resources are deployed For instance at Station 30 there is ladder truck that runs fire and medical calls however had there been an engine company and a ladder company out of that station the county would have received the extra points Mr McCann stated after the 2011 survey he was tasked with reviewing the survey and developing a plan Within the next few months staff will review the entire survey Due to the challenges of being a mixed-use county going from a 3 to a 2 it will be tough Commissioner Stone questioned if the 3 rating covers the entire county or if there are different ratings throughout the county with an average of 3 Chief Banta advised that a 3 is for any property within 5 road miles from a fire station and 1000 feet of a fire hydrant If there is not a fire hydrant and they are only within 5 miles of the station they receive a 3y rating In response to Commissioner Stone Mr McCann advised that a letter can be posted online but the challenge with that is insurance companies want something on fire department letterhead signed by a representative of the fire department for verification purposes Currently staff is averaging 15 to 20 letters a day which they expect to increase Chairman Bryant advised that the Public Relations (PR) Department will post on social media to inform the public to contact MCFR after September for verification letters Mr McCann stated staff has worked with the Internet Technology (IT) Department to create an online form for citizens to fill out to be processed by staff Mr Bouyounes advised that a press release will be issued today regarding the ISO rating
9B Request Approval of the Florida Job Growth Infrastructure Grant Agreement and Supporting Resolution with the State of Florida Department of Economic Opportunity to Facilitate Roadway and Utility Infrastructure Associated with the Florida Crossroads Commerce Park
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The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
The Board considered the following recommendation presented by County Administrator Mounir Bouyounes PE Administration
DescriptionBackground On July 26 2017 the county submitted an application for the Florida Job Growth Grant Fund (Grant) to develop the Florida Crossroads Commerce Park This grant opportunity approved by Governor Scott in 2017 and managed by the Florida Department of Economic Opportunity (DEO) was created to promote economic opportunity by improving public infrastructure and enhancing workforce training On May 1 2018 county staff was advised that the application submitted was being considered for partial funding County staff has been working closely with state officials in negotiating the subject agreement and supporting resolution At the time of writing this agenda item discussion was still ongoing with DEO staff to finalize the agreement which will be presented during the board meeting for consideration and approval Timing was critical to place the agreement on this agenda as it must be signed before the states fiscal year end of June 30 2018 June 15 2018 update draft agreement and resolution attached Pending board approval and funding those funds will be used to support the initial phase in the development of a +900 acre industrial park that will service multiple facilities which may include commercial distribution warehouse manufacturing and industrial space The project within the proposed agreement will consist of the following Constructing an internal public platted road (from CR 484 south approximately 11 miles) providing water and forcemain stub-outs to Florida Crossroads Commerce Parks south property line extending sewer along CR 484 and providing stub-out to Florida Crossroads Commerce Parks north property line widening CR 484 from two-lane to four-lane and providing associated signalized intersection improvements BudgetImpact Grant revenue to be determined matching expenditure will be proposed in the FY201819 mdash 202223 Transportation Improvement Program to be presented to the Board in July Recommended Action Motion to approve and execute the agreement and resolution for the Florida Job Growth Infrastructure Grant
Mr Bouyounes advised that the amount of funding from DEO is listed on page 2 of the agreement and page 20 describes the scope of work to be completed This is the initial phase of the development of the Florida Crossroads Commerce Park Part of the phase will be to widen Highway 484 to 4 lanes in front of that property and to build the road entering the property on the south side of Highway 484 as well as extend utility lines to the property line from the north and south DEO is funding $5500000 and OCE has included $6000000 in their 5 year plan which is the countys match for the project and will be dedicated to Highway 484 Commissioner Moore thanked Congressman Yohos Office for speaking with DEO to assist with acquiring funds locally for this project Mr Bouyounes stated it was a pleasure working with DEO staff who assisted the county in any way they could Commissioner Zalak commented on the process it took the county to get to this point and thanked Mr McGinley DEO Staff Governor Scott and all involved for their hard work General discussion ensued Chairman Bryant commended Mr McGinley the OcalaMarion County Chamber and Economic Partnership (CEP) Brett Barnes CEP and all the entities that assisted with
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the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
the project for a job well done She thanked Governor Scott for believing in Marion County noting because of these partnerships the county is able to say they have the next big thing coming to Marion County and over the last 5 to 6 years over 5600 jobs have been created In 2017 alone over 2000 jobs were created and more than $500000000 in capital investment in the community Commissioner Moore commented on the distance residents in Marion Oaks travel for work and advised with this project they will now be able to work in their own community A motion was made by Commissioner Stone seconded by Commissioner Moore to approve and execute the Florida Job Growth Infrastructure Grant Agreement with the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 18shyR-211 approving the Grant Agreement The motion was unanimously approved by the Board (5-0) Resolution 18-R-211 is entitled
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING THE FLORIDA JOB GROWTH INFRASTRUCTURE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO FACILITATE ROADWAY AND UTILITIY INFRASTRUCTURE ASSOCIATED WITH THE FLORIDA CROSSROADS COMMERCE PARK
10 COMMITTEE ITEMS 10A Housing Finance Authority - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground There is one vacancy on the Housing Finance Authority due to an expiring term There has been one application received for this vacancy
- Byron L Zonin - Mortgage finance management Florida Credit Union
BudgetImpact None Recommended Action Motion to appoint Mr Zonin to the Housing Finance Authority for a full term expiring June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes A motion was made by Commissioner Zalak seconded by Commissioner Moore to appoint Byron L Zonin as a member of the Housing Finance Authority The motion was unanimously approved by the Board (5-0)
10B Pine Run MSTU Advisory Council - Request Appointment of One (1) Full Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There is one term on the Pine Run MSTU Advisory Council that expires in June 2018 The current incumbent is eligible for reshyappointment and there have been two applications received
- Salvador Gandia (incumbent) - retired - Nancy Remus - retired
BudgetImpact None Recommended Action Motion to appoint one member to the Pine Run MSTU Advisory Council for a term ending June 2022
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June 19 2018
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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June 19 2018
water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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June 19 2018
requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Moore seconded by Commissioner Stone to reappoint Salvador Gandia as a member of the Pine Run MSTU Advisory Council The motion was unanimously approved by the Board (5-0)
10C Marion County Hospital District Board of Trustees - Request Appointment of Two (2) Non-physician Trustees for Full Terms ending June 30 2022 Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground On June 30 2018 two non-physician positions on the Marion County Hospital District Board of Trustees are expiring The two incumbents are the only applicants and are both eligible for re-appointment
- H Randolph Klein (incumbent) - attorney Klein amp Klein LLC - Sam M McConnell (incumbent) - manager Lube 1
BudgetImpact None Recommended Action Motion to re-appoint Mr Klein and Mr McConnell to the Hospital District Board of Trustees for terms beginning on July 1 2018 and expiring June 30 2022
Clerk Ellspermann announced the results of the Commissioners ballots A motion was made by Commissioner Zalak seconded by Commissioner Moore to reappoint H Randolph Klein and Sam M McConnell as members of the Marion County Hospital District Board of Trustees The motion was unanimously approved by the Board (5-0)
10D Tourist Development Council - Request Acceptance on One (1) Resignation and Approval to Advertise for Vacancy for a Collector for an Unexpired Term Executive Assistant Nadja M Griffis Commission Office presented the following recommendation
DescriptionBackground Rich Larkin has submitted his letter of resignation effective immediately from the Tourist Development Council He currently serves as a Collector position with a term expiring February 2022 BudgetImpact None Recommended Action Motion to accept Mr Larkins resignation and approve advertisement of one vacancy as a collector for an unexpired term
A motion was made by Commissioner Moore seconded by Commissioner Stone to accept the resignation of Rich Larkin from the Tourist Development Council (TDC) execute the appropriate letter of appreciation and advertise vacancy The motion was unanimously approved by the Board (5-0)
10E Industrial Development Authority - Request Appointment on One (1) Member for a Full Term Executive Assistant Griffis Commission Office presented the following recommendation
DescriptionBackground There are currently two vacancies on the Industrial Development Authority for full terms and one application has been received
- Randy B Zalis - real estate broker Z Brothers Property Group BudgetImpact None Recommended Action Motion to appoint Mr Zalis to the Industrial Development Authority for a full term ending June 2022
Clerk Ellspermann advised that the applicant received the appropriate votes
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June 19 2018
A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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June 19 2018
water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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June 19 2018
requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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June 19 2018
13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
A motion was made by Commissioner Moore seconded by Commissioner Zalak to appoint Randy B Zalis as a member of the Industrial Development Authority (IDA) The motion was unanimously approved by the Board (5-0)
11 NOTATION FOR ACTION 11A Request Approval and Adoption of a Resolution to Declare a Public Hearing for Consideration of a Road Closure and a Plat Vacation Petition Associated with Dorchester Estates on Tuesday August 21 2018 at 200 pm or as Soon Thereafter as Possible The Board considered the following recommendation from County Engineer Straub OCE
DescriptionBackground This is a request for Board adoption and execution of a resolution declaring that a Public Hearing be held to consider petitions presented by Dorchester 5 LLC to close and abandon the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 - 111 renouncing and disclaiming any right of the County and the Public and simultaneously vacate lots 10 - 14 of Block A located within the subdivision boundaries Budget Impact Revenue of $500 mdash Transportation mdash Road Closing - 105000-34190012 Revenue of $175 mdash Transportation mdash Plat Vacate - 105000-34190013 Recommended Action Motion to approve and adopt the resolution declaring a Public Hearing date to consider closing the cul-de-sac lying at the South end of NW 112th Court located in Dorchester Estates Plat Book 10 Page 108 mdash111 and simultaneously vacate lots 10-14 of Block A on August 21 2018 at 200 pm or as soon thereafter as possible and to authorize the Chair and Clerk to execute the same
A motion was made by Commissioner Zalak seconded by Commissioner Stone to adopt Resolution 18-R-212 in relation to NW 112th Court located in Dorchester Estates The motion was unanimously approved by the Board (5-0) Resolution 18-R-212 is entitled
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA TO DECLARE A PUBLIC HEARING DATE amp TIME FOR CONSIDERATION OF SIMULTANEOUS CLOSING AND ABANDONMENT OF ROAD(S) AND VACATION OF PLAT
11B Request Approval to Schedule a Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am The Board considered the following recommendation from Utilities Director McCormick
DescriptionBackground On May 15 2018 during the Planning and Zoning portion of the board meeting staff was directed to schedule a workshop to discuss utility water connections Direction to schedule this workshop stems from several PampZ waiver request items brought before the board by homeowners and contractors BudgetImpact None Recommended Action Motion to approve scheduling the Workshop to Discuss Utility Water Connections for New Development and Home Construction on Tuesday September 11 2018 at 1000 am
A motion was made by Commissioner Zalak seconded by Commissioner Stone to schedule a workshop on Tuesday September 11 2018 at 1000 am to discuss utility
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June 19 2018
water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
water connections for new development and home construction The motion was unanimously approved by the Board (5-0)
11C Request Ratification of Letters of Congratulations to Graduates from the 2018 Citizens Academy and Employee Academy Programs The Board considered the following recommendation from Executive Assistant Griffis Commission Office
DescriptionBackground At the June 5 2018 Board of County Commissioners meeting Chairman Kathy Bryant included letters of congratulations to the Citizens Academy and Employee Academy graduates These letters were not completed in time to be included in the June 5th agenda prior to publication This is a request to ratify the letters BudgetImpact None Recommended Action Motion to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy
A motion was made by Commissioner Zalak seconded by Commissioner Stone to ratify Letters of Congratulations given to the graduates of the 2018 Citizens Academy and Employee Academy The motion was unanimously approved by the Board (5-0)
12 COMMISSIONER ITEMS 12A Commission Comments Commissioner Moore commented on the progress of the Fort King project and thanked those involved in acquiring grant funding for Phase 2 of the project
Commissioner Zalak thanked the Board for all the good work that is being done and issues being addressed He commended Ms Horvath for taking the initiative to turn Animal Services around and commented on the economic development opportunities that will have a positive impact on the community
Commissioner Gold commented on the importance of offering a competitive wage noting if the county loses valued employees they will not be able to serve the community He advised that he will not be participating in the Canvassing Board due to other obligations and Mr Minter will take his place as the alternate Commissioner Gold stated he hopes the county can move towards being a spayneuter release county and having a no-kill shelter
Commissioner Stone expressed appreciation to OF for sharing their expert opinion on how to make a difference and how to change things in the community to become a no-kill shelter She also thanked rescues for working with the county hand-in-hand as well as Chewycom for providing over 1000 pounds of food to help rescues feed the animals Commissioner Stone thanked OCE and Solid Waste for improvemeants related to mowing and litter pick up throughout the county She requested staff install no littering signs throughout the county as a reminder to citizens
Chairman Bryant commented on the positive feedback from the community who watched the State of the County Address and thanked everyone who participated in the event She requested consensus from the Board to send a letter on behalf of the BCC thanking individuals for volunteering with the Vietnam War Memorial Wall Commissioner Moore
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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requested that those that flew in the helicopter be included in the letter It was the general consensus of the Board to allow Chairman Bryant to execute and send the letter
12B Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of June 19 2018 through July 23 2018
12C 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 12C1 Ed Martinez mdash Insurance Ed Martinez New York Life advised that he is present today to make a request for the Board to consider information in regard to RFP 18P-131 relating to insurance This particular proposal will not have any impact on the budget in Marion County and is 100 employee paid New York Life has the highest financial rating in the industry when it comes to life insurance They have been around since 1845 and have worked with these particular company benefits since 1952 The company is a mutual company which allows them to reinvest earnings in the form of dividends to policy owners He stated the dividend allows the cash value and the death benefit to increase while the premium remains the same throughout the entire life of the policy The policy has a chronic care rider which makes the policy self-completing it allows employees of Marion County to receive a stream of income in the event that they are not able to take care of themselves A free living benefits rider is attached to the policy and allows employees to access 80 of the face amount in case they are diagnosed with a terminal illness All of this sets New York Life apart from the competitors
12C2 Roger Knechtel SE 97th Terrace Road Summerfield questioned how the county will determine if someone is low income to qualify for discounted spay and neuter Chairman Bryant advised that a system will be in place to verify if someone qualifies Mr Knechtel commented on the ISO rating In response to Mr Knechtel Chairman Bryant advised that staff will complete a public records request to provide a list of how many employees have resigned in the last 8 years Henry Munoz Marion Oaks Boulevard thanked the Board for approving the grant that will expand the road system in Marion Oaks He asked the Board to reconsider the cloverleaf which he opined would fit well in this project
13 NOTATION FOR RECORD 13A County Administrator Informational Items 13A1 Present DRC Waiver Request LDC 21616(10) - Family Division for the Kyle Anderson Property Parcel 36791-004-01 Application 21732 13A2 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Candido Cintron De Armas amp Bethzaida Ramos Montanez Property Parcel 35337-000-00 Application 21729 13A3 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Shirley Smith Property Parcel 03104-008-00 Application 21735 13A4 Present DRC Waiver Request LDC 2161B(10) - Family Division for the George Evans et al Property Parcel 01867-000-00 Application 21752
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13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
13A5 Present DRC Waiver Request LDC 2161B(10) - Family Division for the Jason amp Brittany Martin Property Parcel 41668-000-02 Application 21794 13A6 Present DRC Waiver Request LDC 21616(10) - Family Division for the Ramon Rodriguez amp Marina Berrios Property Parcel 12439-003-01 Application 21764 13A7 Present OcalaMarion County Chamber and Economic Partnership (CEP) Activity Report for May and Performance Matrix 2018 YTD 13A8 Present Solid Waste Monthly Report for May 2018 13A9 Present Letter Dated May 11 2018 from John Garri CPA Finance Director Marion County Clerk of the Court Regarding Governmental Accounting Standard Board (GASB) Statements 68 13A10 Present Letter Dated May 18 2018 from Indigo East Community Development District Regarding Records of their Proposed Budget Fiscal Year 2019 13A11 Present Letter Dated May 21 2018 from Candler Hills East Community Development District Regarding Records of Proceedings from February 20 2018 13Al2 Present Letter Dated May 21 2018 from Indigo East Community Development District Regarding Records of their Proceeding from February 20 2018 13A13 Present Letter Dated May 23 2018 from Bay Laurel Center Community Development District Regarding Fiscal Year 2019 Proposed Budget 13A14 Present Letter Dated May 29 2018 from Alex Shubert ISO Manager - National Processing Center Regarding Public Protection Classification Survey 13A15 Present Letter Dated May 31 2018 from Nicole Guillet Seminole County Manager Providing Formal Notification of Seminole Countys Interest in Procuring Medical Examiner Services with the District 5 Medical Examiner 13A16 Present Resolution Dated June 5 2018 from the Board of County Commissioners of Marion County Regarding the Rejection of the Florida Department of Transportations (FDOT) Alternative Corridors Proposed for the Coastal Connector in Western Marion County 13A17 Present Letter Dated June 5 2018 from College of Central Florida President James Henningsen Regarding County Budget Allocation
13B Present Walk-On Items From Previous BCC Meeting 13B1 June 6 2018 - Request Approval to Re-Schedule the Public Hearing for Windstream Improvement Area from Wednesday July 11 2018 at 200 pm to Monday July 23 2018 at 400 pm or as soon thereafter as possible and to Schedule and Advertise a Public Hearing for Extending the Assessment Period of Remaining Properties with Unpaid Balances Located within Rainbow Springs (Phase I) Improvement Area on Monday July 23 2018 at 415 pm or as soon thereafter as possible (Approved 5-0)
13C General Informational Items 13C1 Marion County Health Department mdash For the Latest health news and information Visit the Website at httpmarionfloridahealthgov
13D Clerk of the Court 13D1 Present Report No 2018-05 EDFIG Compliance Review of Ansafone Contact Centers LLC 13D2 Present Regular Report of Utilization for Reserve for Contingencies 13D3 Present Monthly Report for the Building Department Budget and Actual
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13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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June 19 2018
Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
13D4 Present Memorandum From David R Ellspermann Clerk Of The Circuit Court And Comptroller Regarding The Filing Of Ordinances 18-13 (Zoning) And 18-14 (Land Development Code) With The Secretary Of States Office 13D5 Present Constitutional Officers and Commissioners Bonds 13D6 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 041118) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes 13D7 Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 042518) For The Opening Bid Amounts Pursuant To Chapter 197542(1) Florida Statutes
13E Present for information and record minutes and notices received from the following committees and agencies 13E1 Board of Adjustment (BOA) - May 7 2018 13E2 Development Review Committee (DRC) - April 30 May 7 14 and 21 2018 13E3 Marion County Historical Commission - April 9 2018 13E4 Marion County Hospital District Board of Trustees (MCHD) - April 30 2018 13E5 Planning amp Zoning Commission (PampZ) - April 30 2018 13E6 Rainbow Lakes Estates (RLE) Advisory Committee - April 19 2018 13E7 St Johns River Water Management District (SJRWMD) - For Minutes and Agendas Visit the Website at httpswwwsjrwmdcom 13E8 Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas Visit the Website at httpwwwWaterMattersorg 13E9 Transportation Planning Organization (TPO) - For Minutes and Agendas Visit the Website at httpwwwocalaflorgtpo 13E10 Withlacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas Visit the Website at httpwwwwrwsaorq
There was a recess at 1052 am The meeting reconvened at 210 pm with all members present
Also present were Growth Services Director Sam Martsolf Senior Planners Chris Rison and Ken Weyrauch Planner II Juan Castillo Strategic Resources Project Manager Kevin Smith Administrative Staff Assistant Stephanie Soucey Staff Assistant IV Darlene Pocock County Attorney Matthew G Minter County Administrator Mounir Bouyounes and ACA Angel Roussel
The meeting opened with the Pledge of Allegiance to the Flag of our Country
14 PLANNING amp ZONING AND DRC WAIVER REQUESTS (AT 200PM) Chairman Bryant advised that Item 14C2 (180608SU) by Scott David Conley (Newport Hay) for a Special Use Permit in A-1 (General Agriculture) zone has been withdrawn by the applicant Mr Martsolf stated before he addresses todays zoning matters he would like to take this opportunity to acknowledge Senior Planner Chris Risons efforts regarding the Community Redevelopment Area (CRA) noting it is a one-man show and Mr Rison already has 2 full time planning positions He noted Mr Rison is at work until 1000 pm and does not know how he gets everything done but stated it is incredible Chairman
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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June 19 2018
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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
Bryant thanked Mr Rison She stated this is a new project for the Board and things may need to be amended as they go along Deputy Clerk Bonvissuto advised that there are 2 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 June 7 2018 The Notice states the Board will consider Comprehensive Plan Amendment 18shyL02 (Item 14A9) Large Scale Amendment to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan The second Proof of Publication is No A000934678 entitled Notice of Intention to Consider Adoption of an Ordinance published in the Star Banner newspaper on June 5 2018 The Notice states the Board will consider adopting an Ordinance approving Large Scale Comprehensive Plan Amendment rezoning andor Special Use Permit applications as well as considering adoption of an Ordinance Chairman Bryant stated the County Attorney will now address the process for todays zoning hearings County Attorney Matthew G Minter commented on the consent agenda (Items 14A1 through 14A9) 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 He noted with the withdrawal of Item 14C2 the only item remaining is a Reasonable Accommodation for a therapy animal The county has a practice of evaluating requests for therapy animals basically using the same type of analysis as for Special Use Permits The BCC considers the request and comments from neighbors to determine whether or not it will adversely affect the surrounding property If there is an appearance that the request does adversely affect the surrounding property then the BCC looks to the conditions recommended by staff to determine whether or not those conditions will be effective in eliminating the adverse effects It is important for nearby neighbors to not only tell the Board that you do not like what is being requested but should specifically state what it is about the situation that has an adverse effect on your property which will give the BCC a better idea of how to make a decision in that case The second grouping is the DRC waiver requests (1461 through 14B3) The property owner is usually the only one concerned with the waiver requests as in most cases it is only particular to that specific property
14A Planning and Zoning Consent Items It was noted that the Planning amp Zonina PampZ) Commission recommendation is as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
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Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
Riverland Baptist Church Special Use Permit6 180607SU 533Inc Modification in A-1 7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr Gaekwad and seconded by Mr Bailey to agree with staffs findings and recommendation and recommend approval of the following Consent Agenda items (180602Z 180603Z 180604Z 180605SU 180606SU 180607SU 180609SU and 180610Z) 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 Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (PampZ) Commission He stated the consent agenda items will be acted on in one motion as follows
ITEM NUMBER OWNER FROM-TO ACREAGE
1 180602Z Albert Peek Trustee R-1 to R-E 325 2 180603Z Arthur Severance R-1 to R-4 10
3 180604Z Thanos William Anthony Patsicostas
and A-1 and B-2 to B-4 82
4 180605SU Stephen M Cowart Special Use Permit in R-1 015 5 180606SU Darius amp Kymia Taylor Special Use Permit in A-1 102
6 180607SU Riverland Inc
Baptist Church Special Use Permit Modification in A-1 533
7 180609SU Douglas amp Linda Wagner Special Use Permit in A-1 25 8 180610Z Anthony Storage LLC A-1 to B-2 249
9 18-L02 High Point Properties LLC Commercial Residential
to Urban 3033
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 14A9 agreeing with Growth Services Department staff and the PampZ 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
14A1 180602Z - Albert Peek Trustee R-1 to R-E 325 Acres The Board granted a petition by Albert Peek Trustee (ownerapplicant) 2441 NE 3rd
Street Ocala FL for a zoning change Article 5 of the Marion County Land Development Code from R-1 (Single Family Dwelling) to R-E (Residential Estate) for all uses permitted on approximately 3250 acres on a portion of 5082 acres of Parcel Account No 9035shy0000-02
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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June 19 2018
14A2 180603Z - Arthur Severance R-1 to R-4 1 Acre The Board granted a petition by Arthur Severance (ownerapplicant) 8262 Maureen Avenue North Port 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) use for all uses permitted including a manufactured home on approximately 10 acres of Parcel Account No 11656-000-00
14A3 180604Z - Thanos William and Anthony Patsicostas A-1 and B-2 to B-4 82 Acres The Board granted a petition by Thanos N William N and Anthony N Patsicostas (owners) Denver Beck Optimum RV (applicant) 7350 SE Hwy 441 Ocala FL 34480 request a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) and B-2 (Community Business) to B-4 (Regional Business) for all uses permitted including a Recreational Vehicles (RV) Sales Dealership on approximately 82 acres of Parcel Account No 36474-000-00
14A4 180605SU - Stephen M Cowart Special Use Permit in R-1 15 Acres The Board adopted Resolution 18-R-214 granting a petition by Stephen M and Beatrice T Cowart (ownersapplicants) 231 NE 28th Avenue Unit 311 Ocala FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code to install an accessory structure (metal garage) on a parcel without a primary residence in an R-1 (Single Family Dwelling) zone on approximately 015 acres of Parcel Account No 11454shy003-00 Resolution 18-R-214 contained the following Conditions
1 The site shall be developed consistent with the submitted conceptual plan 2 Approval is for placement of one accessory building not to exceed 24 x 51
in size for storage of personal vehicle and personal belongings Any additional structures or outdoor storage shall require an additional review through the Special Use Permit process
3 There shall be no outside storage of vehicles or personal items on the subject property
4 Any security lighting shall be shielded to prevent casting direct light onto adjacent properties
5 This Special Use Permit runs with the owner and not with the property 6 Ownership of the adjacent vacant lot parcel 11454-001-00 must remain
under same ownership as applicant (Mr and Mrs Cowart) or be conveyed together so that future residential use may be established making this accessory use contiguous and conforming
7 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions about the uses of the subject property by this Permit or
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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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)
8 The Special use permit does not preclude uses that would also be allowed per the Land Development Code (ie construction of a single family home on the parcel containing the accessory use structure) provided that the proposed use meets setbacks and other relevant requirements
14A5 180606SU - Darius and Kymia Taylor Special Use Permit in A-1 102 Acres The Board adopted Resolution 18-R-215 granting a petition by Darius L and Kymia Taylor (ownersapplicants) 15100 NW 36th Avenue Reddick FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a Community Residential Home with three (3) beds in an A-1 (General Agriculture) zone on approximately 102 acres of Parcel Account No 06750-006-00 Resolution 18-R-215 contained the following Conditions
1 A Community Residential Home is allowed on parcel 06750-006-00 with a maximum capacity of 3 beds
2 This Special Use Permit runs with the owner and not the property 3 The site shall be developed and operated consistent with the conditions as
provided with this approval 4 The facility shall maintain the existing single-family residential
facadecharacter 5 The facility operation is limited to the existing structure Expansion of the
structure and or an increase in the number of residents beyond the limits identified above is prohibited however the ownerapplicant may submit a new Special Use Permit application for review and consideration for an expansionincrease
6 The Special Use Permit shall expire on June 19 2021 however it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time) unless a There have been unresolved violations of the County Land
Development Code the County Code of Ordinances andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
14A6 180607SU - Riverland Baptist Church Inc Special Use Permit Modification in Ashy1 533 Acres The Board adopted Resolution 18-R-216 granting a petition by Riverland Baptist Church Inc Gerald Roloson Jr (owner) Rex Carringer (applicant) 19455 SW 61st Street
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Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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June 19 2018
Dunnellon FL fora Modification of Special Use Permit 120502SU Resolution 12-R-122 Articles 2 and 4 of the Marion County Land Development Code to increase maximum students from 100 to 150 Also to add a Pre-School and Kindergarten to grades 1 - 12 in an A-1 (General Agriculture) zone on approximately 533 acres on a portion of 2149 acres of Parcel Account No 17567-000-00 Resolution 18-R-216 contained the following Conditions
1 The site shall be developed consistent with submitted concept plan 2 The school may offer preschool through grade 12 with a maximum of 150
children 3 The hours of operation for the school and extended day service at the
facility shall be a maximum of 600 am to 600 pm Monday thru Friday 4 All site lighting shall be maintained in a form that does not cast direct light
onto adjoining properties Low intensity building lighting for security purposes may be provided and operated overnight Recreational site (ball fields etc) lighting may be provided however nighttime use from 10 pm to 8 am is prohibited
5 Access to the site shall be via SW 61st Street and SW 194th Avenue The applicantowner shall contact the Marion County Office of the County Engineer Transportation Division and verify if any drivewayaccess adjustments andor improvements are required and complete any such requirements prior to commencing the school operation
6 Prior to commencing the school operation a ChangeModification of Use Review (eg building parking DOH etc) shall be completed
7 Special Use Permit Number 120502SU 12-R-122 is hereby repealed and replaced by this Special Use Permit
14A7 180609SU - Douglas and Linda Wagner Special Use Permit in A-1 25 Acres The Board adopted Resolution 18-R-217 granting a petition by Douglas E and Linda J Wagner (owners) Robert W Batsel Jr (applicant) PO Box 1617 Summerfield FL for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for a kennel for owners personal show dogs in A-1 (General Agriculture) zone on approximately 25 acres of Parcel Account No 46123-001-01 Resolution 18-R-217 contained the following Conditions
1 The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval
2 This Special Use Permit shall run with the applicants (Mary Anne and John C Cousins) and not the property
3 The ownersoperators Mary Anne E Cousins and John C Cousins shall reside on site
4 All dog waste shall be collected daily and removed from the site at least biweekly
5 All lighting onsite shall be directed away from neighboring properties (pointed down) and shielding provided to prevent the overflow of light into the neighboring properties
6 No commercial sales of dogspuppies shall occur on-site 7 No commercial boarding of dogspuppies shall occur on-site This does not
include the boarding for the purpose of breeding dogs
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8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
8 The Special Use Permit shall expire on June 19th 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 andor the conditions of the Permit
b Neighboring property owners within 300 of the subject property have complained to the County Code Enforcement Zoning or equivalentsimilar DepartmentsDivisions 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)
9 Dogs on property under this special use permit shall not be kept in outside runs before 700am or after 930pm
10 Outdoor kenneling or boarding of dogs shall be prohibited except during times of active trainingexercise
14A8 180610Z - Anthony Storage LLC A-1 to B-2 249 Acres The Board granted a petition by Anthony Storage LLC co Richard A Bazinet (owner applicant) 880 N Bay Road Mt Dora FL for a zoning change Article 5 of the Marion County Land Development Code from A-1 (General Agriculture) to B-2 (Community Business) for all uses permitted including self-storage units (mini warehouses) on approximately 249 acres of Parcel Account No 14204-000-13
14A9 18-L02 - High Point Properties LLC Commercial to Urban Residential 3033 Acres The Board approved Large Scale Comprehensive Plan Amendment No 18-L02 by High Point Properties II LLC Mark Irvin (owner) Paolo Mastroserio PE (applicant) 2065 Biltmore Point Longwood FL for a land use change from Commercial to Urban Residential on approximately 3033 acres of Parcel Account No 37471-013-00
14B Individual DRC Waiver Requests for Consideration 14B1 Request to Uphold DRCs Denial Regarding Waiver Request LDC 61426(1)(a) shyWater Connection for New Single Family Residential for the First Country Homes Property Parcel 8007-1082-04 Application 21738 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the Development Review Committee (DRC)
DescriptionBackground Section 6142B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver forapproval to installa wellbecause they will need to contract an engineer to draw a plan and then an underground utilities company to extend the watermain about 230 feet with an
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approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
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The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
approximate cost of $2500000 to $3000000 on a lot with an assessed value of$425000
DRC action on May 14 2018 by a vote of 4-0 was to deny the request BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request
Mr Martsolf commented on the waiver request by First Country Homes and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request The applicant is approximately 230 feet from connecting to an existing water line The applicant also provided some costs in the neighborhood of $25000 to $30000 Staff has discussed some of staffs unit costs which are considerably less with the applicant Utilities Director Thomas McCormick Marion County Utilities (MCU) advised that he spoke with Mr Velasquez who is present today He requested the Board to uphold DRCs denial of the waiver request due to the Land Development Code (LDC) 161426(1)(a) Commissioner Moore inquired as to the per parcel linear foot estimates Mr McCormick stated the price they were able to get is $4380 per linear foot for 230 feet at a cost of $10075 from TCU Construction Carlos Velasquez SW 52nd Avenue Premier Home Investments advised that he is the builder He stated the lot was purchased for $7500 about 1 year ago without knowing of the need for water connection Mr Velasquez advised that he is also a realtor and noted the cost of lots in the area is $7500 Comparables can be provided as he is closing on another lot in a week for the same price which has water and does not require extension of the water line He stated the quotes received were between $25000 to $30000 however he was notified yesterday of a quote for $11075 by Mr McCormick Mr Velasquez stated he is asking for the waiver because for them to invest in this property will be like buying another lot and not building He advised that he also has 4 more properties like this one in Marion Oaks Mr Valesquez stated he has to disclose the type of improvements that this property needs in order to sell it and expressed concern with having 5 properties that he cannot build on because he will be upside down He advised that this is not his primary home but for business Mr Valesquez stated he cannot sell the lots and will lose money if he builds on the property which is why he is requesting the waiver Chairman Bryant commented on the need to perform due diligence Mr Valesquez stated he did his due diligence noting other properties have water but there are only 6 lots in the same area that have no water lines In response to Chairman Bryant Mr Valesquez advised that the property was purchased through a realtor but the need for water lines was not disclosed General discussion ensued Chairman Bryant advised that it is the Boards practice not to approve the waivers however they have been helping by going out and performing the services and the applicant pays the county back She recommended that areas where MCU is the service provider that water availability be checked first to see if a water line is within a connection distance of 400 feet A motion was made by Commissioner Stone seconded by Commissioner Zalak to agree with the DRC and deny the waiver request The motion was unanimously approved by the Board (5-0)
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
Book Y Page 93
June 19 2018
The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
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Chairman Bryant directed Mr Velasquez to get with Mr McCormick who can help him from this point
14B2 Request to Uphold DRCs Denial Regarding Waiver Request LDC 6142B(1)(a) shyWater Connection amp 6142B(2)(a) mdash Wastewater Connection for New Single Family Residential for the CAP Development of Florida Property Parcel 29570-000-04 Application 21736 amp CAP Development of Florida Property Parcel 29570-000-03 Application 21737 The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 61426(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver not to connect to city water DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels Section 6142B(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 of400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station The applicants statement of justification for the requested waiver is as follows
The applicant requests waivernot to connect to city sewer DRC action on May 7 2018 by a vote of 5-0 was to deny the request for both parcels BudgetImpact None Recommended Action Motion to uphold the Development Review Committees denial of the waiver request for both parcels
Mr Martsolf commented on the waiver request by CAP Development of Florida and the DRC recommendation for denial for both water and sewer He noted the recommendation is to uphold the DRCs denial of the waiver request for water and sewer Commissioner Moore noted it connects to city water and sewer Mr Martsolf stated that is correct Commissioner Moore inquired if it is standard connection charges Mr McCormick stated the recommendation is to uphold DRCs denial regarding the waiver request for the 2 properties in question He referred to Sections 6142B(1)(a) and 6142B(2)(a) of the LDC Mr McCormick stated the pricing that was submitted has been reviewed by staff however they have not quite come to an agreement on the contractors price The second issue is that the properties are located in the Marion County area but abuts the City of Ocala water and sewer lines which is across the street (sewer line) and next to the property is the water line The property is also located in the Primary Springs Protection Zone (SPZ) of Silver Springs The total maximum daily limit (TMDL) for nitrogen is 035 milligrams per liter (mgL) for the springs to remain healthy The current loading for Silver Springs is 169 mgL Due to all these reasons staff is requesting the BCC to deny the waiver request for both parcels Commissioner Gold questioned whether staff received pricing estimates Mr McCormick stated they were not able to get estimates as this is simply service lines Commissioner
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June 19 2018
Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
Book Y Page 93
June 19 2018
The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
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as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
Book Y Page 95
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in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
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June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
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- 6 180607SU 533
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Gold advised that he was contacted by Mr Bennett prior to this noting he directed him to ACA Roussel Commissioner Moore commented on the 2-inch water line compared to the previous 6shyinch water line Mr McCormick stated that is why the prices are so different noting the applicant is recommending a 2-inch water line for a single family home He opined that the line should be 34-inch or 1-inch since 2 inches seems like a lot most restaurants have 2-inch water lines Mr McCormick clarified that is just for plumbing from the rightshyof-way (ROW) to the house In response to Commissioner Moore Mr McCormick stated he would default to the engineer but opined that the 2-inch water line seems excessive ACA Angel Roussel noted this matter is somewhat confusing He advised that staff was not able to agree on the estimates received The 2-inch line referred to is plumbing from the ROW to the residence and is not normally seen on plumbing but is typical for the service lines from the ROW to the line for the utility municipality itself Mr Roussel stated it is one of the items staff sees where the price could possibly be lowered on the water side Based on conversations he opined that water is not the real concern but rather the sewer side which is in excess of $50000 for each of the parcels The cases seen by staff before have been between $20000 to $30000 per parcel Mr Roussel stated the price seems excessive but cannot pinpoint why He advised that the applicant would still seek a waiver at the $20000 to $30000 price because it is excessive for him to build a house there Commissioner Gold noted this hooks into the citys system however no one from the City of Ocala appeared to address the matter Chairman Bryant inquired as to why the county could not obtain any estimates as the quotes provided are excessive Mr Roussel concurred and advised that staff has not had a chance to sit down with Marion Pumper to understand the difference in pricing for similar situations General discussion ensued Miles Anderson SE 17th Street Miles Christian Anderson Consulting Engineers stated staff is correct in regard to what was shared with them He stated they contacted Marion Pumper and shared the situation with them Mr Anderson commented on requirements by the county and city noting the city has not provided any laterals for sewer from the main to the north side of the road where the properties are located Mr Anderson stated they do not mind connecting to water but a portion will have to be directionally drilled to protect the vegetation large trees lining the western side of the property of the flag section that are on the boundary of the neighbor He stated the big cost is connecting to sewer Mr Anderson noted they are going uphill and recommended installing a dual pump lift station system EOne Quotes were received and investigated because they found them to be a little high He stated he is not willing to put $70000 into water and sewer connections for a house that is in the neighborhood where housing values are around $125000 Mr Anderson advised that an appropriate lift station for the system was found at a cost of $24000 plus electrical and the alarm system One of the bids came in at $3200 adding the $24000 plus electrical and the alarm system may be $27000 which is based on a conceptual set of designs He stated whether the price is $30000 $40000 or $50000 it is way out of the comparables and does not work Commissioner Zalak asked if the connections are all right there or across the street and if they are okay with connecting to water Mr Anderson stated it is a flag lot and they are agreeable to the water connection Commissioner Zalak noted another problem is that
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the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
Book Y Page 93
June 19 2018
The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
Page 94 Book Y
June 19 2018
as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
Book Y Page 95
June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
Page 96 Book Y
June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Book Y Page 97
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
the property is located in the Basin Management Action Plan (BMAP)SPZ area Mr Anderson concurred Commissioner Zalak inquired if the septic tankadvanced treatment can be under 3 mgL Mr Roussel stated the advanced treatment would be under 3 mgL Commissioner Zalak inquired if that is the route being proposed noting the Board will not allow them to just install a regular septic tank He clarified that is not the policy of this Board particularly in the BMAPSPZ area Mr Anderson stated he would have to leave the decision to his client Commissioner Zalak stated either way they will have to protect the springs in that area noting the county will be held liable by the Department of Environmental Protection (DEP) if they do not He noted taxpayers will be subsidizing it if the Board does not make the applicant or any future developments do so Commissioner Zalak advised that if the applicant has a different proposal that the Board can get behind then he is willing to listen Mr Anderson stated if they have to put in a higher quality septic system would be a consideration He noted that other than what Commissioner Zalak mention he does not have that in his file but if the county allows him to do that they will take that under consideration Mr Anderson stated he will be glad to table this meeting if that is something they have to work with MCU and then come back to the BCC with something they can all agree will work Chairman Bryant noted there are 2 different lots and asked if they are building 2 homes Mr Anderson stated they are building 2 different homes noting they are 2 individual people and need 2 lift stations Commissioner Zalak questioned whether the price quote for $70000 is just for the sewer connection Mr Anderson stated it is for both water and sewer In response to Commissioner Zalak Mr Anderson stated the quote is for 1 home noting the three bids received were for $69000 $72000 and $81000 He stated the bids for the second home were for $69500 $72000 and $71000 The difference between the 2 of them is because to go into the manhole from the northern side will have pavement and driveway disturbance that will need to be replaced or fixed and the ROW will have to be cleaned up Mr Anderson commented on costs to install the lift stations General discussion ensued Mr McCormick presented a 2 page handout containing an aerial map and email from City of Ocala Water Resources He stated the handout is from the City of Ocala and they do not have all of the information Commissioner Gold noted it appears that only 6 houses are connected to water and sewer in that area Mr McCormick concurred noting the neighborhood was built before water and sewer was available and those with water and sewer connected voluntarily General discussion resumed A motion was made by Commissioner Zalak seconded by Commissioner Moore to agree with the DRC and deny the waiver request regarding the water connection and disagree with the DRC in regard to sewer connection to give the owner the option of either connecting to the City of Ocala or working with county staff to get an approved (under 3 mgL) nitrogen reducing system to be tested every 2 years under the Department of Health (DOH) process The motion was unanimously approved by the Board (5-0)
14B3 Request to Uphold DRCs Conditional Approval Regarding Waiver Request LDC 6114B(1) - Cross Access (Parallel Access) for Beard Equipment Company Parcel 13689-004-00 Project 201505007 Application 21560 Tillman amp Associates Engineering
Book Y Page 93
June 19 2018
The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
Page 94 Book Y
June 19 2018
as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
Book Y Page 95
June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
Page 96 Book Y
June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Book Y Page 97
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
The Board considered the following recommendation from Growth Services Director Martsolf on behalf of the DRC
DescriptionBackground Section 611413(1) of the Land Development Code provides that cross access shall be shown on the plans and shall be established through a public easement The applicants statement of justification for the requested waiver is as follows
The applicant requests waiver from cross access as the site is to be fenced and gated and needs to be secure to protect property and equipment Additionally construction of cross access will cause undue hardship to the developer as construction will be required along entire parcel frontage for the benefit of a single parcel to the south and will require the removal of a portion ofan existing berm as well as multiple existing trees
DRC action on May 7 2018 by a vote of 5-0 was to approve the waiver to cross parallel access subject to providing the easement not having to construct it at this time and not having to open itconstruct it for this use BudgetImpact None Recommended Action Motion to uphold the Development Review Committees conditional approval of the waiver request
Mr Martsolf commented on the waiver request by Beard Equipment Company and the DRC recommendation for denial He noted the recommendation is to uphold the DRCs denial of the waiver request Commissioner Zalak out at 253 pm Chairman Bryant noted the Easement will not be recorded at this time Mr Martsolf advised that was not part of DRCs recommendation but can certainly be a consideration Commissioner Zalak returned at 254 pm David Tillman SE 16th Avenue Tillman amp Associates Engineering LLC addressed the map shown on the overhead screens He stated it is part of the waiver that was granted where they still held some issue The only thing stated in the waiver was they were not going to require the paving at this point in time but wanted the waiver recorded which they found issue with because they want to secure the facility and will be doing display in the region adjacent to the stormwater pond Mr Tillman pointed out the area where it would make sense to have cross parallel access if this was a type of use that had heavy traffic that would pass through and circulate to adjacent properties which is not what this use is as it is for equipment sales and repair People will bring large pieces of non-titled equipment in that has to be secured locked up behind the gate to protect it from being stolen If the Easement is recorded it gives someone an option to use that easement He stated they are asking that the Easement not be recorded at this time if the use changes on the facility in the future it will require renovations and building permits will be obtained which is the point in time to ask for the Easement to be recorded Mr Tillman requested the Board to waive the requirement for this Easement or record the Easement at this time Commissioner Zalak inquired if an Easement cannot be recorded that is not used at this time Mr Minter stated the recording of an Easement puts the public on notice of the existence of the Easement It is possible to have a legally binding Easement between two parties where one of those parties can enforce the Easement even though it is not recorded but it does not put the public on notice of the purchaser of the adjacent lot if they do not see it they would not know in advance whether that Easement existed Chairman Bryant stated she can understand why they would not want to have the Easement recorded with how the property will be used She opined that it is fine as long
Page 94 Book Y
June 19 2018
as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
Book Y Page 95
June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
Page 96 Book Y
June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Book Y Page 97
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
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- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
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June 19 2018
as there is some documentation that if there is ever a change in the use then the Easement will be recorded Mr Bouyounes stated if the Board approves it only for this type of use and approves the waiver then anytime they do anything else they will have to go through the process Commissioner Zalak asked if the Board approves the waiver for this it does not mean the next use also has a waiver Mr Bouyounes concurred and clarified that if the Board makes the waiver specific for this use only then the next use does not have a waiver General discussion ensued A motion was made by Commissioner Gold seconded by Commissioner Zalak to disagree with the DRC and approve the waiver request for this use only The motion was unanimously approved by the Board (5-0)
14C Planning and Zoning Items for Individual Consideration 14C1 180601RA - Steven and Nida Laib Request for Reasonable Accommodation The Board considered a request for Reasonable Accommodations under the Americans with Disabilities Act by Steven W and Nida Laib 5269 SW 103rd Loop Ocala FL for a Reasonable Accommodation under the Fair Housing Act for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the application to keep two (2) Nigerian Dwarf goats as emotional support animals and what reasonable conditions might improve the effect of this situation in an R-1 (Single Family Dwelling) zone on approximately 068 acres of Parcel Account No 3512-004-006 Growth Services Director Martsolf advised that the Growth Services Department is recommending approval upon observance of the following Conditions
1 The two (2) Nigerian Dwarf goats shall be allowed to be kept at the subject property
2 The Reasonable Accommodation shall run with the property owners and not the property
3 This special use permit is specific to these two goats and does not allow for a renewal of any goat In the event that a goat needs replacement a new Reasonable Accommodation will be needed
4 Animal waste shall be removed from the property (at a minimum) on a weekly basis
5 Due to the special needs associated with the keeping of goats applicants is to seek council from IFAS concerning best management practices A list of recommendations needs to be submitted from IFAS and included in the Reasonable Accommodations file for council verification
6 Pictures of the two Nigerian Dwarf goats associated with this Reasonable Accommodation are included in the Staff Report for identification purposes
(Ed Note IFAS is the acronym for Institute of Food and Agricultural Science) Growth Services Director Martsolf addressed the Reasonable Accommodations for 2 Nubian goats which came to the department as a Code Enforcement case that included a large amount of chickens a rooster and goats On a site visit by staff all three (chickens rooster and goats) still existed on the property Staff received a Reasonable Accommodation request for the goats only which was accompanied by a medical professionals recommendation for their use as a therapy animal Staff provided conditions from what they understood from a neighboring complaint in regard to wandering off-site He advised that he checked the Deed Restrictions for Emerald Point Subdivision located
Book Y Page 95
June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
Page 96 Book Y
June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Book Y Page 97
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
in the SR 200 area which prohibits these type of animals however it does not prohibit a backyard fence up to 6-feet in height The applicants were not present Chairman Bryant opened the floor to public comment Virginia Overlock SW 103rd Loop advised that they are neighbors to the applicants and expressed her support for the goats Terry Overlock SW 103rd Loop expressed his support for the goats Mr Minter inquired as to the rooster and chickens Mr Overlock stated the number of chickens have been reduced Chairman Bryant advised that public comment is now closed Commissioner Moore inquired if this falls under the Americans with Disabilities Act (ADA) Mr Martsolf stated that is correct In response to Commissioner Moore Mr Minter stated the ADA has provisions for what is called a reasonable accommodation which is not whatever someone asks for one of the factors is what kind of impact the person requesting a reasonable accommodation has on other people In this case none of the neighbors have shown up to provide testimony to the Board about any adverse impacts however 2 neighbors have appeared to state there are no adverse impacts Commissioner Zalak noted a letter of contention was received Commissioner Stone referred to page 1094 of the Agenda packet containing a list (1 through 9) offered by the applicants She noted No 6 states There will be no business sign out front and questioned what that pertains to Mr Martsolf advised that it is part of the questionnaire provided in the application and is a Findings of Fact they ask people to go by which does not apply to this unless they were selling eggs or something He stated staff will continue to pursue the chicken and the rooster issues In response to Commissioner Zalak Mr Martsolf advised that a doctors note was provided for both goats not just one General discussion ensued Mr Martsolf presented an 9 page handout containing an additional condition relating to fencing or being reasonably enclosed along with the letter addressing concerns with the request He advised that Animal Control will pick up the goats as they would any other animals found off the property Mr Minter referred to the letter from Mr Garrett which addressed his concerns with the request He opined that the fencing would presumably take care of the goats getting off the property Mr Minter advised that the applicants need to understand that once this is made a condition if the goats continue to get off the property it will be a basis to revoke the Reasonable Accommodation General discussion resumed A motion was made by Commissioner Gold seconded by Commissioner Moore to approve the Reasonable Accommodation with Conditions 1 through 8 as amended below
CONDITION NO 7 Goats must be contained on property and will not be permitted to roam on their own in the neighborhood Animal control will enforce containment CONDITION NO 8 Propertys backyard needs to be fenced or reasonably enclosed
The motion was unanimously approved by the Board (5-0)
14C2 180608SU - Scott David Conley (Newport Hay) Special Use Permit in A-1 3113 Acres
Page 96 Book Y
June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Book Y Page 97
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
Chairman Bryant noted at the beginning of the meeting that the petition by Scott David Conley (owner) Newport CH International LLC (applicant) 408 Stonecrest Avenue Bowling Green KY for a Special Use Permit Articles 2 and 4 of the Marion County Land Development Code for the sale of hay feed (including bagged feed) and farm supplies in A-1 (General Agriculture) zone on approximately 3113 acres of Parcel Account No 14082-000-00 was withdrawn
14D Adoption of Ordinance 14D1 18-L02 A motion was made by Commissioner Zalak seconded by Commissioner Moore to adopt Ordinance 18-17 adopting Large Scale Comprehensive Plan Amendment No 18-L02 agreeing with the Growth Services staff and the PampZ Commission recommendations based on findings that the land use change will not adversely affect the public interest is compatible with land uses in the surrounding area is consistent with Chapter 163 FS and the Marion County Comprehensive Plan The motion was unanimously approved by the Board (5-0) Ordinance 18-17 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA ADOPTING THE FOLLOWING LARGEshySCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES (FLUMS) OF THE MARION COUNTY COMPREHENSIVE PLAN
2018-L02 High Point Properties II LLC 1575 +- ACRES of 3045 +- ACRES
PID 37471-013-00 COMMERCIAL TO
URBAN RESIDENTIAL PURSUANT TO CHAPTER 163 FLORIDA STATUTES PROVIDING FOR FINDINGS PROVIDING FOR APPEALS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE
14D2 Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding petitions for rezoning and Special Use Permits heard earlier in the meeting A motion was made by Commissioner Stone seconded by Commissioner Moore to adopt Ordinance 18-18 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing The motion was unanimously approved by the Board (5-0) Ordinance 18-18 is entitled
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY FLORIDA APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP PROVIDING FOR AN EFFECTIVE DATE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Book Y Page 97
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-
June 19 2018
There being no further business to come before the Board the meeting thereupon adjourned at 311 pm
athy B ant Chairman
Attest
David R Ellsper n Clerk
Page 98 Book Y
- Structure Bookmarks
-
- 8 COUNTY ATTORNEY NONE
- 6 180607SU 533
-