Official Minutes of , MARION COUNTY

BOARD OF COUNTY COMMISSIONERS.

December 20, 2016

, CALL TO ORDER: ' The Mario~ County" Board of County Commissioners met in regular session in Commission Chambers at 9:02 a.m. on Tuesday, December 20, 2016 at the Marion County Governmental Complex located in Ocala, Florida.

INVOCATION AND PLEDGE OF ALLEGIANCE: The meeting opened with invocation by Commissioner Gold and the Pledge of Allegiance' to the Flag of our Country.

9:00 AM ROLL CALL:, , ,Upon roll call the following members were present: Chairman Carl Zalak, District 4; Vice­Chairman Kathy Bryant, District 2; Commissioner David Moore, District 1; Commissioner Jeff Gold, District 3; and Commissioner Michelle Stone, District 5. Also present were County Attorney Matthew G. Minter and CountyAdministrator Mounir Bouyounes, Clerk David R. Ellspermarm was absent due to a prior commitment

ANNOUNCEMENTS: Chairman Zalak addressed upcoming scheduled meetings as listed,on the Commission Calendar (Item 12B). Commissioner Bryant left her seat at 9:03 a.rn.i.but did not exit Commission chambers' and immediately returned to her' seat.

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

1A. PRESENTATION - Christmas Carols by the Marion County Volunteer Employee Choir (Presentation Only) County Administrator Mounir Bouyounes, PE, Administration, presented the following recommendation; ' '

Description/Background: In 2014, a group of Marion County employees formed a Christmas Choir with the intent to perform a short Christmas program for the County Employees. The Marion County Volunteer Employee Choir since has been invited to perform yearly. . The member of the Marion County Volunteer Employee Choir include:

• Jon Harvey - Development Review Coordinator, Growth Services • Lourdes Chaney- Staff Assistant IV" Administration • Jeffrey Askew - Director, Veteran Services • Loretta Shaffer - Director, TouristDevelopment • Suzanne DiPietro - Administrative Manaqer, Growth Services • Rebecca Harris - Customer Service Rep., Building Safety • Kristie Wright - 911 Specialist, Public Safety Communications

, Budget/Impact: None.

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Recommended Action: For presentation only. Chairman' Zalak introduced the Marion Couhty Employee Christmas Choir. Choir

'members Jon Harvey, Lourdes, Chaney, Jeffrey Askew, Loretta Shaffer, Suzanne DiPietro, Rebecca Harris and Kristie Wright who sang traditional Christmas songs along with Lourdes Chaney narrating a Christmas story. Mr. Harvey expressed his appreciation to the, Board and staff for allowing them to sharetheir gift. '.' , .

Chairman Zalak thanked each employee and advised that no county time is used to prepare for this mornings a cappelia performance, which is all volunteer. The Choir received a standing ovation for their performance.

18. PROCLAMATION - Healthiest Weight Florida Initiative - Katrina Meeks, Health and Wellness Coordinator (Approval and Presentation) .The Board presented the Proclamation supporting the "Healthiest Weight Florida Initiative" to Health & Wellness Coordinator Katrina Meeks. Ms. Meeks advised that Marion County has received the award for the past 3 years.

1C. PRESENTATION - Employee Services Awards to Officially Recognize' Employees for their Length of Services and Dedication to Marion County (Approval and Presentation) Human Resources (HR) Director Amanda Tart presented the following recommendation:

Description/Background: The Marion County Board of County Commissioners feels it is important to recoqnize employees with fifteen (15) years of service or more to the County. For our recognition ceremony, we want to acknowledge those employees who have achieved this milestone. Because of the Board's continual and generous support of its employees, the Marion County Board of County Commissioners would like to present the following Employee Service Awards (see Exhibit "A"). Budget/Impact: Funds are available. Recommended Action: Motion to approve and present employee service awards to the employees listed in Exhibit "A."

The Board of County Commissioners (BCC), along with Administrative Staff Assistant Linda Rackmyre, HR, presented Employee Service Awards to.the followinq:

Suzanne K. Brown, Library, for 15 years of service; Luz Maria Docamp, Community Services, for 15 years of service; Donald E Elston, Solid Waste, for 15 years of service; Claribel Fraguada-Martinez, Utilities, for 15 years of service; _ Cynthia B. Graughf, Growth Services, for 15 years of service; Wendy L. Hillyard, Animal Services, for 15 years of service; Sharon A. Longhi, Office .of the County Engineer (OCE), for 15'years of service; Dwayne Robertson, Solid Waste"for 15 years of service;

, Tracy R. Straub, OCE, for 15 years of service; William L. Woods, Utilities, for 15 years of service; Susan M. Yocom, Library, for 15 years of service; , Robert W. Graff, Fire Rescue, for 20 years of service Sheri L. Halcus, Library, for 20 years of service; David B. Holmes, Cooperative Extension, for 20 years of service; Paul S. Mickett, OCE, for 20 years of service; , John C. Allen, Parks & Recreation, for 25 years of service; and

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Louis Craca, 'OCE, for 30 years of service. It was noted that Donald E. Elston, Wendy L. Hillyard, Sharon A. Longhi, Dwayne' Robertson, William L. Woods and John C. Allen were' not present.

10. PRESENTATION - Certificate of Recognition Presented to Rqnald R. Crews, Budget and Administration Coordinator, Solid Waste, Recognizing His Efforts in-Creating the U.S. Flag Collection and . Retirement Program for Marion County Board of County Commissioners (Approval and Presentation) '.' Assistant County Administrator (ACA) Brian R. Moree, ,IVIPA, Administration, presented the following recommendation:

Description/Background: The Solid Waste department has formed a partnership with Marion County Veterans Services to accept and properly retire U.S. flags, with additional efforts from the Office of Public Information to present the information through the county website, media releases and Facebook. , Since initiation of the program on August 26, 2016, the Solid Waste department' has collected and delivered 435 U.S. flags.to Veterans Services. The opportunity to participate in the program has been extended to other departments, constitutional offices and government agencies.

.Ronald R. Crews, Budget and Administration Coordinator, Solid Waste, was instrumental in organizing this program. After-serving more than 30 years in the U.S. Army and Florida Army National Guard and retiring as Master Sergeant, this program became a personal endeavor for him. His commitment, not only to the . collection of flags, but to Marion County has been essential in making sure this program runs smoothly and in a professional manner. Ronald was quoted as saying, "While having a great pride for my country, and a .tremendous respect for the flag that represents it, I didn't see putting this program together as a task, but an honor."

. In recognition for his efforts in leading this program, the Marion County Board of County Commissioners wishes to present him with a Certificate of Recognition for his great work with this program. BudgeUlmpact: None. 'Recommended Action: Approval and presentation.

The Board, along with Solid Waste Director Mike Sims presented the Certificate of Recognition to Ronald R. Crews for his efforts in spearheading Marion County's US Flag Collection and Retirement Program. ' Mr. Crews advised that Solid Waste Department noticed flags being thrown in with waste " . and decided to initiate a program for the public to properly and respectfully retire United States flags that are no longer serviceable. He stated the program was designed and

. coordinated- through the Veteran' Services Department with help from the Public' lnformation Office. Mr. Crews noted 646 flags have been collected since August 26,2016. Mr. Sims expressed his appreciation to Mr. Crews. .

1E. PRESENTATION - Plaque from the Florida Association of County Engineers and .Road Superintendents (FACERS) Awarding the NW 35th Street RoadWay lmprovement Project, Phase 1A and 1B asthe 2016 Large Agency Project of the Year (Presentation Only) County Engineer Tracy Straub, PE, Office of the CountyEngineer (OCE), presented the following recommendation:' .

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Description/Background: On November 1,2016, FACERS announced that lVIarion County was selected as the recipient of their 2016 Large Agency Project of the Year for the NW 35th Street Roadway Improvement Project, Phase 1A and 1B. The Plaque was presented December 2, 2016 during the FACERS Fall Meeting held in conjunction with the Florida Association of Counties Fall Conference. The NW 35th Street Roadway Improvement Project, Phase 1A and 1B is a 1.8 mile four lane roadway from US 441 to west of NW 27th Ave, complete with drainage, sidewalks, bike lanes, traffic signalization, landscaped ponds, and grassed medians. The project was recognized because of the partnerships between Marion County, the City of Ocala and private development to create an east-west corridor promoting commercial development and easing transportation connections to 1-75. Budget/Impact: None Recommended Action: Presentation only.

Ms. Straub advised that on December 2, 2016 Marion County was presented with the Large Agency Project of the Year award, recognizing the work on the NE 35th Street

. corridor. She stated the corridor was a cooperative project between Marion County, the City of Ocala and a private developer. Ms. Straub stated members that took part in the project present today are: Chairman Zalak, Commissioner Bryant, .Commissioner Moore, County Administrator Mounir Bouyounes, Assistant County Administrator (ACA) Jeanie Rickman, Deputy County Engineer Don Atwell, Construction Manager Mike Butzer, Former Rights-of-Way (ROW) and Project Manager now Municipal Service Taxing Unit (MSTU) Director Shawn Hubbuck and staff from Guerra Development Corp. . Chairman Zalak commented on the economic development opportunities the project has and will create.

1F. PRESENTATION - Appreciation Letters to Christmas Parade Float Committee Staff from the Board of County Commissioners (Approval and Presentation) Executive Assistant Nadja M. Griffis, Commission Office, presented the following recommendation:

Description/Background: The attached letter is a token of appreciation from the Board to the employees who participated in one of the various committees involved in planning, designing, decorating and disassembling the' County's float for the Ocala Christmas Parade. Budget/Impact: None. Recommended Action: Motion to approve and present the attached letter to employees.

ACA Rickman advised the following employees participated in creating the Marion County Christmas Parade Float:

Amanda Bishop, Information Technology (IT) Amber Jackson, Tourist Development Council (TDC) Heather Lindbeck, Human Resources (HR) Sam Martsolf, Growth Services Mike McCain, Fiscal Manager Elaine McClain, Office of Public Information John Meza, IT TOrTI Northey, IT

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December 20, 2016 .

. Susan Olsen, Procurement Services Bridgette Read, HR Angel Roussel, Utilities Jim Saullo, IT Loretta Shaffer, TDC Bill Schmahl, IT . Tracey Straub, County Engineer NickZoller, Office of Public Information Jason Maurer, Parks & Recreation Ashley Dobbs, TDC Dena Geist, Office of County ~ngineer (OCE)

It was noted that Jason Maurer, Ashley Dobbs and Dena Geist were not present. Ms. Rickman advised that the team was divided into a planning and design committee,

.decorating committee and post parade committee, noting all participants volunteered their .tirne. . " The Board also presented a letter of recognition to Ms. Rickman and Mr. Bouyounes for their efforts. Chairman Zalak expressed his appreciation to all who participated and donated to make the float a success.

1G. PROCLAMATION - Eagle Scout Joshua Neil Patterson (Approval Only)· The Board approved the Proclamation congratulating Joshua Neil Patterson upon attaining the status of Eagle Scout in the Boy Scouts of America organization.

1H. PROCLAMATION -:. Eagle Scout John Lewis Heinbockel (Approval Only) , The Board approved the Proclamation congratulating John Lewis Heinbockel upon. attaining the status of Eagle Scout in the Boy Scouts of America organization.

Chairman Zalak advised that Agenda items will be taken somewhat out of order this morning. 98. Request Approval of Agreementand ResolutionApprovinq the Economic Investment Program/Economic Development Financial Incentive Grant Agreement between City of Ocala, Marion County, Chewy, Inc., and a Resolution Approving Chewy, Inc. Eligibility as a Qualified Target Industry (QTI) ACA Rickman, Administration, presented the following recommendation:

Description/Background: Attached for the Board's review and consideration is a Resolution and Economic Investment Program (EIP) / Economic Development Financial Incentive Grant Agreement (EDFIG), between Marion County, the City of Ocala and Chewy,' Inc. Also attached for the Board's consideration is a Resolution approving the eligibility of Chewy, Inc. 'as a Qualified. Target Industry (QTI). . . Chewy, Inc. is an eCommerce Fulfillment Center and Customer Contact Center distributing and warehousing pet food, pet treats and other pet products. The applicant and Developer's plan is to construct a' 600,000 sq. ft. facility at a cost of at least $21 million and equip the facility with machinery and equipment at a cost of at least $10.050 million. The company will employ at least 114 jobs meeting the

.QTI requirements with an average wage of approximately $39,310 and create an . opportunity for a total of approximately' 600 jobs.' ,

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-, December20,2016

Marion County's financial obligation includes paying up to $130,800 of the County Application/Permit Grant which is' conditioned upon payment by Applicant of local . taxes when due. Additional financial obligations include payment of up to $575,000 in five annualinstallments of $115,000 subject to capital investment .and job performance criteria satisfaction. Additionally, Chewy, Inc. is qualified as a target industry (QTI) beneficial to the economic development of Marion County and the State of Florida. As set forth in the agreement, the City and County would each contribute $34,200 towards the local QTI match grant program. . . . The proposed agreement and economic analysis have 'been reviewed by the County Administration Team and is recommended. fOJ approval. This recommendation is consistent with the Board's goal to support . economic development to enhance job opportunities in Marion County. Also, this agreement and accompanying resolutions were reviewed. by the County Attorney .and approved for consideration by the board. Budget/Impact: Payment of the local QTI match of $34,200 in accordance with the QTI program requirements set forth. by the Department of Economic Opportunity, County application/permit fees up to.$130,800, and $575,000 payable over five years subject to capital investment and job-performance criteria satisfaction. The funds will be appropriated and paid out of Dept. 1020. Industry Development, account 582101 Aid to Private Organization. Recommended Action: Motion to approve the' attached Agreement and (2) Resolutions for the EIP/EDFIG Grant Agreement and QTI and· authorize the Chairman and Clerk to execute same.

President & Chief Executive Officer (CEO) Kevin Sheilley, Ocala/Marion County Chamber & Economic Partnership (CEP), advised that Chewy, Inc. is the leading online pet Etailer, , noting Marion County competed with other locations in Florida, as well as Georgia and Texas for the new distribution center. He stated the successful partnership of the CEP, Marion County and the City of Ocala assisted in meeting the needs of Chewy, Inc. Vice President Greg Walsh, Chewy, Inc., gave a brief 'history of the company. He commented on the hlqh level of-customer service and low costs that attracts customers. noting 2',000,000 handwritten cards went out to customers in 2016. II') response to Chairman Zalak, Mr. Walsh advised that a variety of positions will be available within the fulfillment center. (i.e. hourly fulfillment specialist, forklift operator roles, training, safety, facilities, operations leadership, HR and, finance) He stated a majority ofthe leaders in the company started as hourly employees. Chairman Zalak stated approximately 5 years' ago the Board joined forces with the City .of Ocala and the CEP to establish the infrastructure that will allow companies to move to Marion County. .

. Mr. Sheilley advised that Carol Henderson from Cushman & Wakefield is also, present, noting Ms. Henderson led the incentive negotiations for Chewy, Inc.. Mr. Bouyounes advised that the legal request memorandum (LRM) has been provided to the Board and will be added to the request.. Chairman Zalak opened the floor to public comment. . There being none, Chairman Zalakadvised that public.comment is now closed. A motion was made by Commissioner Moore, seconded by Commissioner Bryant; to adopt Resolutions 16-R-564 and 16-R-565 and authorize execution of the the EIP/EDFIG Agreement Between the City of Ocala, Marion County and Chewy, Inc.

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Commissioner Bryant commented' on the development of the commerce park area, noting . some people in the beginning expressed concern that it would not work. She welcomed Chewy, Inc. to Marion County. The motion was unanimously approved by the Board (5-0). Resolution 16-R-564 is entitled:'

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA APPROVING. AN ECONOMIC DEVELOPMENT FINANCIAL INCENTIVE GRANT'(EQFIG) AGREEMENT FOR CHEWY, INC~, AS AUTHORIZED BY SECTION 125.045, FLORIDA STATUTES, AND SECTION 10-4 OF THE MARION COUNTY CODE; PROVIDING. SPECIFICS OF THE GRANT APPLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

Resolution 16-R-565 is entitled: A RESOLUTION OF THE BOARD ,OF COUNTY COMMISSIONERS OF

'. MARION COUNTY, FLORIDA RECOMMENDING THAF CHEyvY, INC., BE . APPROVED AS AN ELIGIBLE APpLIcANT PURSUANT TO SECTION 288.106, FLORIDA STATl)ES' AND PROVIDING FOR AN APPROPRIATION OF UP TO, $34,200.00 AS A LOCAL FINANCIAL· MATCH FOR PARTICIPATION IN FLORIDA'S QUALIFIED. TARGET INIJUST'RY ,tAX· REFUND, PROGRAM; PROVIDING AN EFFECTIVE DATE.

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. Gene LaCrosse - General Gene LaCross, NE 22nd Avenue, commented on the United Nations (UN) impact on the environment. .

2B. Richard Graybill- General Richard Graybill, SE f58th Street" commented on covenants in the Bible, the Constitution, as well as government and' religion. (He stated once a person takes office they are no longer able to be Electors.) . (Ed. Note: This matter was again addressed later in the meeting) Commissioner Stone out at 10:00 a.m.

2C. Ron Raack - Constitutional Rights Ron Raack, SE 131st Place, Ocklawaha, presented a 4 page handout regarding the Constitution. He commented on the Constitution and responsibility of government to protect the rights of the people. Commissioner Stone returned at 10:02 a.m,

. .

20. General Public Comment (Limited to 2 Minutes Each Speaker): r. o

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Vincent Vaughns, NE 21st Avenue Road, Sparr, addressed the Board in-regard to a firing. , range on a nearby property. He expressed concerns with safety issues and urged the Board to not allow any commercial use on the subject parcel. Growth Services Director Sam Martsolf advised that he has spoken with the property owner, as well as Mr: Vaughns. He stated the property owner constructed the firinqranqe approximately 2 weeks ago for personal use, noting staff is monitoring the activity for any

, signs of commercial use. . ' In response to Chairman Zalak, Mr. Martsolfstated the property in question is 15 acres, with 8 acres to the south separating it from Mr. Vaughns' property. He advised that he will speak with the property owner to see if the position of-the firing' range can be moved to a different area of the property. Commissioner Bryant questioned the location of the property in comparison to Mr. Vaughns' property and if all barriers in placemeet the county's Code requirements. Mr.

. Martsolf stated the subject parcel is north .of Mr. Vaughns' property and is separated by an 8 acre parcel. He advised that staff has verified it isa personal use range, no mining is taking place anda berm is present. Chairman Zalak stated a property owner is only required to install a sufficient backstop to stop the round. ' ' In response to Chairman Zalak, Emergency Management Director/Captain Chip Wildy, Marion County Sheriffs Office (MCSO), advised that a deputy dispatched to the property would be required to consider whether the property owner is violating any Florida Statutes, noting all zoning issues would be referred to Code Enforcement. Chairman Zalak directed staff to work with the property owner to come to an amendable

, agreement for all parties. He advised that, legally, the Board cannot restrict the use of a firearm on personal property when all Code regulations are being followed. In response to Commissioner Bryant, Mr. Martsolf reiterated the shooting, range is north ' of Mr. Vaughn's property on a vacant piece of property. Commissioner Bryant out at 10:18 a.m. . Roger Knechtel, SE 97th Terrace Road, Summerfield, commented on the salaries of county employees and the increased capital moving to the county. Commissioner Bryant returned at 10:20 a.m.

\' , ,

3. ADOPT THE FOLLOWING MINUTES: (2 sets) 3A. November 1,2016 38. November 15, 2016

.A, motion was made by Commissioner Moore, seconded, by Commissioner Bryant, to adopt the meeting minutes of November 1'and 15,2016. The motion was unanimously approved by the Board (5-0).' ' '

4. CONSTITUTIONAL OFFICERS I GOVERNMENTAL ENTITIES: 4A. Marion County Sheriff, Emery Gainey - Request Approval of Public Official Bond for Sheriff-ElectWilliarTl M. Woods . ' The Board considered the following memorandum dated December 1,2016 from Bureau Chief Jerry Holland on behalf of Sheriff Emery Gainey, MCSO:

Enclosed please find the Western Surety Company Public Official Bond for Marion County Sheriff Elect William M. Woods in the amount of $10,000.00, pursuant to Chapter 137.05, Florida Statutes. The term of the Public Official Bond is effective January 3,2017 and expiring on January 5,2021.

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We would like to request Board approval and execution of Sheriff Elect William' M.: , Woods Public Official Bond,

Thank you for your assistance. A motion was made' by Commissioner 'Bryant, seconded by Commissioner Moore, to approve and execute the Public Official Bond for Marion County Sheriff-elect William M. Woods. The motion was unanimously approved by the Board (5-0).

5. CLERK OF THE CIRCUIT COURT: 5A. Request Adoption of the Following Budget Amendment Resolutions: , Upon motion ofCommissioner Bryant, seconded by Commissioner Moore, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by the Deputy Clerk on behalf of Clerk Ellspermann: 5A1. 16-R-566 - Fine & Forfeiture':' Crime Prevention Fund - Crime Prevention - $35,000 5A2. 16-R-567, - General Fund - Community Services/CDBG - $1,100 5A3. 16-R-568 - General Fund - Community Services/CDBG - $1,226,860 5A4. 16-R-569 - General Fund - County Administrator - $5,000, as revised (see below) 5A5. 16-R':570 ":"'Series 2016A Capital ProjectsFund -Improvements 2016A - $620,941 (Ed: Note: CDBG is the acronym.for Community Development Block Grant.)

5A4. General Fund - County Administrator - $5,000 County Administration presented the following revision:

The description in this budget amendment incorrectly states the $5,000 is received from Blue Cross Blue Shield. This money actually came from .Preferred Governmental Insurance Trust (PGIT) which provides the county's General Liability, Auto Liability and Workers' Compensation insurance. Below is the correct description. All other information remains the same, including the accounts and resolution to be approved. . Description and Purpose of Amendment: Starting this year, Risk will receive $5,000 annually from Blue Cross Blue Shield Preferred Governmental InsLirance Trust (PGIT) for Safety incentives. This year's funds have been deposited and approval of this budget amendment will transfer" the same into the appropriate expenditure account. Finance advised using the Employee Morale Recognition Fund (EMRF) to deposit and expend this money. An EMRF project account has been established for use of this new revenue and associated expenditures. Recommended Action: Approve attached Budget Amendment Resolution.

58. Request Approval to Proceed with the Annual Contract with MAXIMUS to Perform Cost Allocation Study for the FY 2017-18 Budget On behalf of Clerk Ellspermann, the Deputy Clerk presented the following recommendation from Budget Director Michael E. Tomich, CPA (certified public accountant), Budget Department: '

Description/Background: 'Our cost allocation consultant firm, MAXIMUS, is prepared to. perform the cost allocation study that will be utilized for the FY 2017­18 Budget. The Clerk's Office is to enter .into a contract with MAXIMUS for the study: Prior to finalizing the contract.. we ask that the Board· of County Commissioners confirm their intent for the continued utilization of the cost allocation information in preparation of the budget.

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'Budget Impact: None; proposed contract amount of $12,500 is available in the Clerk of the Circuit Court budget.

.Recornmended Action: Board approval to proceed with the annual contract for preparation of the' cost allocation program. '

(Ed. Note: FY.is the acronym for fiscal year.) A 'motion was made by' Commissioner Bryant, seconded by Commissioner Moore, to, proceed with the annual contract with MAXIMUS for preparation of the' cost allocation­program. The motion was unanimously approved by the Board (5-0). '

6~ PUBLIC HEARINGS (Request Proof of Publication) at 10:00 am: Public participation is encouraged. When prompted, please step up to the podium and state your name and address for the record. Please limit your comments to the

'specific Issue being addressed - NONE

, 7. CONSENt: A motion to approve the Consent Agenda is a motion to approve all recommended actions. All matters on the Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion unless desired by a Commissioner.

_ Upon motion of Commissioner Moore, seconded by Commissioner, Bryant, the Board acted on the Consent Agenda as follows: ,

7A. Administration: 7A1. Request Authorization for Acting Community Services Director to Execute State Housing Incentives Program (SHIP), HOME Investments Partnerships Program, Community Development Block Grant (CDBG), Neighborhood Stablizer Program (NSP) and Unclaimed Bodies Authorization Documents (BUdget Impact - None) The Board accepted the following, recommendation as presented by ACA Jeannie Rickman, Administration:

Description/Background: The SHIP, HOME, and CDBG grants require the execution, of grant, loan, subordination agreements and lien satisfactions for the Purchase Assistance, SHIP Rehab, Emergency Mobile Home Repair and Mobility Ramp programs. These documents, are prepared by the Community Services office and signed during closings or award of funding. The I\JSP program also requires the execution of Hen documents and release of liens for properties titled to the developer until finaldisposition. Finally, FL State Statute 407.02(18) requires the appointment of a "legally authorized person" to authorize the djsposition of unclaimed bodies. ­Historically, _documents of this kind have been executed by the Director of Community Services according to previous Board approval due to both volume and time constraints. Budget/Impact: None.

_Recommended Action: Motion to authorize the Acting Community Services­Director to execute all necessary grant and loan documents as listed above in addition to documents authorizing the disposition of unclaimed bodies on behalf of ­the Board of County Commissioners, Marion County, Florida.

7B. Community Services:

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, 781. Request Authorization to Issue a Purchase Order to Florida Housing Coalition to Prepare a Home Matters Report for Marion County (Budget Impact - Expenditure of $5,000 In Grant Funds) , , " . The Board accepted the following recommendation as presented by Community Services Director Cheryl Amey:

Description/Background: Home Matters (www.HomeMattersAmerica.com) is a national initiative to provide a comprehensive look at affordable housing at both the state and local level. The intention is for state and local ,governments to utilize this information to help develop affordable housing initiatives that meet the local need based on these reports, ' Florida Housing Coalition (FHC) has been commissioned to prepare the Home Matters Report for the State of Florida and Florida Counties and Cities. Attached for review is the state report. The State Housing lncentives Program (SHIP) Affordable, Housing Advisory Committee (AHAC), established per FL Statute 420.9076, met with the Board of County Commissioners during a Nov. 24, 2015 workshop to discuss the AHAC's 2015 Affordable Housing Incentive Review and Recommendation Report. During this-workshop the board directed AHAC to prepare a needs assessment that would more definitively identify the local need and provide projections for future growth. In an effort to develop such a plan, AHAC during their monthly meetings has been collecting information on the need for affordable housing; however, such a task is beyond the ability of a monthly committee meeting. During this process, AHAC discovered the State Home Matters Report, and is recommending preparation of this report to fulfill the board's request for a detailed needs assessment to include future projections. The committee asked staff to contact FHC for more information and a quote for completion of a Home Matters report for Marion County that would include information specific to both the unincorporated areas of the County and the City of Ocala. Attached is the quote from FHC for a Marion County/City' of Ocala Home Matters Report. Total cost for the report is $10,000. The City of Ocala has agreed to pay for 50% of the cost. Community Services has sufficient administrative funds in the CDBG, HOIVIE and SHIP grants to cover the cost ofthis report. Total administrative costs in the 2016/17 Community Services grant budgets is only 5%, well under administrative caps for most of the grants. BudgeUlrnpact Expenditure of $5,000 in a combination of CDBG, HOIVIE and SHIP , Administrative Funds

, Recommended Action: Motion to authorize staff to issue a purchase order to Florida Housing Coalition for preparation of a Home Matters report for Marion County as per the attached quote.

7C. Development Review Committee: 7Ct. Request Approval of Development Review Committee (ORC) Waiver Request for Division of Land - LDC 2.16.1.B(8)(g) - Agricultural Lot Split Establishment of County MSBU for Hrubesch & VandermaasProperty, Parcel #12515-002-00, Project #2016100042, Application #19537, American Heritage Land Surveying (Budget Impact­None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf, on behalf of the DRC:

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Description/Background: Section2.16.1.B(8)(g) of the Land Development Code states a County MSBU shall be established' for the" .maintenance . of the improvements created by this division prior to final approval and recordation, A waiver to this.provlslon may only be granted bythe Board upon review and recommendation by the DRC. . , The applicant requests waiver sinceNW 90th Avenue provides access to the property via use.of a 60 foot wide private non-exclusive easement that will allow public use for .ernerqency, utility, and drainage. Owners will. make all required. improvements to the easement in compliance with County requirements. This aqricultural lot split is located in the northwest portion of the County and contains 3 tracts on 30 acres.

. ORe action on November 21,2016 by a vote of 4-0, was to approve the waiver to the establishment of the MSBU subject to another maintenance responsibility agreement prior to recording. Budget/Impact: None;" . . . Recommended Action: Motion to uphold the Development Review Committee's approval to allow the agricultural lot split without the creation of an MSBU for maintenance.

7C2. Request Approval 'of Final Plat for Ocala Preserve Phase 1B & 1C Replat : Subdivision, Application #19120 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services

. Director Martsolf, on behalf of the DRC: Descrlption/Sackqround: On December 5, 2016, the Development Review'

. , Committee approved the Final Plat for the Ocala Preserve Phase 1B & 1C Replat Subdivision and recommended that the Board approves and authorizes execution by the Chair and the Clerk. This subdlvision is located in the northwest portion of the County and contains 35 lots and 2 tracts on 8.04 acres with 0.13 miles of

'private road. Budget/Impact: None. Recommended Action: Motion to approve the subject plat and to authorize the Chair and Clerk to execute the same. .

7C3. Request Approval of Final Plat for Ocala Preserve Phase 6 Subdivision, Application #19117 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf, on. behalf of.the DRC: ..

Description/Background: On December, 5, 2016, the Development Review Committee approved the Final Plat for the Ocala Preserve Phase 6 Subdivision and recommended that the Board approves' and authorizes execution by the Chair and the Clerk. This subdivision is located in the northwest portion of the County

. and contains 31 lots and 3 tracts on .10.83 acres with 0.17 miles of private road.. BUdget/Impact: None. Recommended Action: Motion to approve the subject plat and to authorize the Chair and Clerk to execute the same.

7C4. Request Approval of Final Plat for Villages. of Marion Soulliere Villas Subdivision, Application #19315 (Budget Impact - None)

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The Board accepted the following recommendation as presented by Growth Services Director Martsolf.onbehalt of the DRC: ..

Description/Background: .On December 5,' 2016, the Development Review' Committee approved the Final Plat for the Villages of Marion Soulliere Villas .Subdivision and recommended that the Board approves and authorizes execution.,. .

by the Chair and the Clerk. This subdivision is located in the southeast portion of the County and contains' 135 lots on 32.33 acres with 1.25 miles of private road. BudgeUlmpact: None. ' Recommended Action: Motion to approve the subject plat and to authorize the Chair and Clerk to'execute the same. ' .

70. Human Resources: ,701. Request Approval of the Reclassification of One (1) Licensed Practical Nurse, Pay Grade 9, to One (1) Medical Technician, Pay Grade 9, within the Marion County Employee Health Clinic Budget #2540 (BUdget Impact - None) The Board' accepted the following recommendation to adopt Resolution 16-R-571, as presented by HR Director Amanda Tart: . .

Description/Background: The Employee Health Clinic is requesting a reclassification of the Licensed Practical Nurse position to a Medical Technician position. The position of Licensed Practical Nurse was reclassified from a full time position to a part time position in FY 20r5/2016. ·With the current hours and the starting salary it has been difficult to fill, this position. The reclassification of the Licensed Practical Nurse position to a Medical Technician position will better attract qualified candidates and still meet the current needs of the department. Therefore, we respectfully request the reclassification of the Licensed Practical Nurse position to a Medical Technician position within the Marion County Employee Health Clinic department budget #2540. BudgeUlmpact: Neutral. . Recommended Action: Board motion to approve the reclassification of one (1) Licensed Practical Nurse position, pay grade 9 to one (1) Medical Technician position, pay grade 9, along with the corresponding job description, within the Marion County Employee Health Department budget #2540.

Resolution 16-R-571.is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RECLASSIFYING ONE (1) LICENSED. PRACTICAL NURSE POSITION, PAY GRADE 9 TO A MEDICAL TECHNICIAN POSITION, PAY GRADE 9, ALONG WITH THE CORRESPONDING JOB DESCRIPTION AND PAY GRADE WITHIN THE EMPLOYEE HEALTH CLINIC DEPARTMENT BUDGET #2540, .AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN. .

7E.MSTU: 7E1. Request Approval for the Final Acceptance of the Westbury Road ImprovementArea and Release Contractor from Further Warranty (Budget Impact - None) The BOard accepted the following recommendation as presented by Municipal Service

" Taxing Unit (MSTU) Director Shawn Hubbuck:

Book V, Page 1315

December 20,2016

Description/Background: This is a request to approve the final acceptance of the Westbury Road Improvement Area (Bid No.:15~B-010) and release contractor from .' further warranty. The warranty began on December 15, 2015 and final inspection was completed on November 9, 2016 by the Engineer of Record Michael W.. Radcliffe Engineering, Inc. and the County Project Coordinator. Ithas been' mutually agreed that the construction is satisfactory and acceptable to release the contractor from the one year warranty. The Westbury Road Improvement Area will continue to be privately maintained. Budget/Impact: None. Recommended Action: Motion for final acceptance of WestburY Road Improvement Area' and authorize Chairman to execute letter to the contractor releasing them from further warranty of this project.

7E2. Request Approval for the Final Acceptance of the SE 33rd Ave/FL Orange Grove/Edmond Raoux Road Improvement Area and Release Contractor from Further Warranty (Budqet Impact - None) The Board accepted the following recommendation as presented by MSTU Director Hubbuck: .'

Description/Background: This is a request to approve the final acceptance of the SE 33rd Ave/FL Orange Grove/Edmond Raoux Road Improvement Area (Bid No.

'15-B-014) and release contractor from further warranty. The warranty began on . December 15,2015 and final inspection was completed on November 29, 2016.by the Engineer of Record Tillman & Associates Engineering, LLC and the County Project Coordinator. It has been mutually agreed that the construction is satisfactory and acceptable to release the contractor fromthe one year warranty. The SE 33rd Ave/FL· Orange Grove/Edmond Raoux Improvement Area will' continue to be privately maintained. Budget/Impact: None. RecommendedAction: Motion for final acceptance of SE 33rd Ave/FL· Orange, Grove/Edmond Raoux Improvement Area and authorize, Chairman to execute letter to the contractor releasing them from further warranty of this project.

7F. Procurement Services: 7F1. Request Approval of Change Order to Purchase Order 150961: 15Q-051-PA-05, Water Main Extension Segments 4 .and 5 along SR200 - London Engineering and Associates, Inc., Ocala, FL (Budget Impact - Neutral; additional expense of $31,966 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented. by Procurement Services Director Susan Olsen:

Description/Background: At its August 4, 2015 meeting, and on behalf of Marion . County Utilities (MCU), the Board approved project amendment 15Q-051-PA-05 to London Engineering and Associates, Inc. for engineering and survey services for the design, permitting, and construction coordination of segments 4 and 5 along SR20·0. A project amendment and purchase order 150961 were issued for the work, totaling $59,602, and at this time, MCV is requesting a change. order to include an additional 3,300 linear feet of 12" water main which would 'extend from SW 69th court road north to Jasmine Plaza along .$R200. If approved, one (1) original will be presented for the Chairman's signature after today's meeting.

Page 1316, Book V

December 20,'2016

. Budget/Impact: Budget impact - neutral; project cost for this additional work shall not exceed $31,966, which brings the project's total desiqn, permitting, and survey costs to $91,568. Recommended Action: Motion to approve, allow staff to process, and authorize the

.Chairman to execute the change order for PO 150961 to London Engineering and Associates, Inc. for proje~t 15Q-051-PA-05. .'

7F2. Request Approval of Contract Renewal: 16P-032, Countywide Fuel - Clardy Oil Company, .'Ocala, FL (Budget Impact - Neutral; annual estimated expenditure ot $2,600,000 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by. Procurement Services Director Olsen:

Description/Background: At its February 16, 2016 meeting, the Board awarded a contract for the County's fuel supply to Clardy Oil.Company in Ocala. The contract expires February 28,. 2017, and the underlying agreement allows for four (4) annual renewals .. As the supplier is local, and is in good standinq, Procurement, Fleet, and Clardywish to combine the first two (2) years of renewals under the First Contract Amendment. Attached for review is the contract draft; pending. approval at today's meeting, it will. be sent.for execution as written and upon return, will be forwarded for the County Attorney's, Clerk's, and Chairman's signatures. Budget/Impact: Neutral; annual budget is .set by usage and. market fluctuations, however the estimated value of the contract for each year under this amendment is $2.6 million. Recommended Action: Motion to' approve' renewal and. allow staff to issue ·contracts, arid upon approval by Legal, authorize the Chairman to execute First Contract Amendment with Clardy Oil Company under 16P-032..

7F3. Request Approval of Contract Renewal: 10P-005-CA-03 Fire and EMS Uniforms ­Galls, LLC, Lexington, KYand Legacy Sports, Inc., Ocala, FL (Budget Impact - Neutral; expenditure of $140,000 as approved in FY 16/17 budget) . . The Board accepted' the following recommendation as presented by Procurement Services Director Olsen: '.

Description/Background: On November 20, 2010, the Board awarded the contract for Fire and EMS Uniforms. The contract allowed for two (2) additional two (2) year renewais after the initial four (4) year term. The current contracts expire December 31,2016. Galls, .LLC (Galls), Legacy Sports (Legacy) and the Marion County Fire­Rescue (MCFR) are requesting to extend the contract under this second-renewal for the term ending December 31, 20,18. Attached for review is the draft contract renewal of which the terms will be identical for both firms. Pending approval at today's meeting, Procurement will send the contract to each vendor for-signature and upon return, will be forwarded for the County Attorney's, Clerk's, and Chairman's signatures. . Budget/Impact: Neutral; expenditure amount is $140,000; per department provided information, sufficient funds exist in accounts 3310-552107 and 3355-552100. Recommended Action: Motion to approve recommendation and allow staff to issue contract renewal, and upon approval by Legal, authorize the Chairman to execute contracts with Galls and Legacy, under Bid 10p':005.

Book V, Page 1317

December 20, 2016

7F4. Request Approval of Project Amendment for Marion County Airport Consulting Engineer: 12Q-:082-PA-06, Corporate Quad Hangar and .Taxiway at lVIarion County Airport - Hoyle, Tanner and Associates, lnc., Orlando, FL (Budget [mpact -, Neutral; expenditure of $77,000 as approved in FY 16/17 budget) The Board accepted the following recommendation 'as' presented by Procurement Services Director Olsen: . ,

, Description/Background: On March 20, 2013, the Board'approved acontract with Hoyle.Tanner and Associates, Inc. to provide Engineering Consulting Services for the Marion County Airport. This project amendment is for the design engineering, . permitting and construction administration of the Corporate: Quad Hangar and . Taxiway.' , Pending FOOT's approval, grant funds being awarded to the County and the, Board's approval at today's meeting, the contract will be forwarded to the firm for execution as written and upon return, will be processed for the County Attorney, Clerk and Chairman's signatures. ., ' ' Budget/Impact: Neutral; expenditure of $77,000. Per information provided by the Department, FOOT joint participation fund will reimburse 80%. The County is responsible for only 20%, equaling $15,400 of the contract value.

'Recommended Action: Motion to approve recommendation and authorize the Chair to execute project amendment with Hoyle, Tanner and Associates, Inc. for the Corporate Quad Hangar and Taxiway at Marion County Airport project under, RFQ 12Q-082. ,

7F5. Request Approval of Contract Renewal: 14B-169" Pavement Repair and . '

Resurfacing Project - Asphalt Paving Systems, Inc., Zephyrhills, FL (Budget Impact ­Neutral; estimated annual expenditure $200,000 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: "

Description/Background: On December 16, 2014, the Board approved a contract with Asphalt Paving Systems, Inc. for pavement repair and resurfacing. The firm has complied with all terms and conditions of the contract which included renewal options for up to three (3) annual renewals. With receipt-of a positive evaluation by the Office of the County Engineer, and acceptance of the renewal request by Asphalt Paving Systems, Procurement is recommending approval for the first renewal term ending December 31, 2017. Attached for review is a draft of the contract amendment; uponapproval, it will be sent to Asphalt Paving Systems, Inc. for execution as written' and upon return, will, be forwarded for the County Attorney's, Clerk's, and Chairman's signatures. ' Budget/Impact: Neutral; the budget for these services is $200,000. Task orders which exceed $50,000 will be brought back before the Board for approval. .Recornmended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval from Legal, authorize the Chairman to execute the First Contract Amendment with Asphalt Paving Systems, Inc. under 14B-169.

7F6. Request Approval of Contract for Prequalified Road/Right-of-Way/Drainage Contractor: 12Q,;,064-TO-14, Maintenance Project Mp:.8 Lemonwood Subdivision ORA 3016 - Hamlet Underground, LLC, Ocala, FL (Budget Impact - Neutral; expenditure of $79,745 as approved in FY16/17 bUdg~t)

Page 1318,Book V

December 20, 2016

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

Description/Background: All firms under the prequalified road, riqht-of-way, 'and drainage work contract were proposed a detailed task order to facilitate a major repair to the stormwater conveyance system at ORA 3016 due to separated stormwater pipes, as well as" repair extensive erosion on the ORA's" eastern sidebank. The tabulation below summarizes the offers received:

, Company Base Bid Hamlet Underqround, LLC . $79,745.00 Art Walker Construction, Inc. $119,999.99 ' GWP Construction, Inc. $127,797.00

County Engineer Tracy Straub, PE, requests to award to Hamlet Underground, LLC. Attached for review is the-draft contract, including scope of work and fee schedule as AttachmentA. Substantial completion of the project shall be within 45 days. ' , BudgeUlmpact: Neutral; expenditure shall no exceed $79,745. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute with Hamlet Underground, LLC for the Maintenance Project MP-8 Lemonwood Subdivision ORA 3016 under 1:2Q-064-TO-14.' ,

7F7. Request Approval of Bid Award and Contract: 16B-195, W Highway 316 at NW Highway 225 Stormwater Retrofit Project - Hartman Civil Construction Company, Inc, Hernando, FL (Budget Impact - Neutral; expenditure not to exceed $247,286.25 as approved in FY 16/17 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olsen:

Description/Background: On behalf of the Office of the County Engineer (OCE), Procurement Services advertised a bid to address road flooding and provide water quality treatment for stormwater runoff discharging intoa natural wetland system. The project involves the construction of treatment swales in the right-of-way and orie drainage retention area. Eight, (8) contractors submitted bids,' and the bid opening was' conducted by Bryan Matus representing Procurement. County

, Engineer, Tracy Straub, PE, requests to coritract with the low bidder based on the tabulation below:

Firm Name - City , Bid Hartman Civil Construction - Hernando $247,286.25 Hamlet Underground, LLC'- Ocala $311,984.50 John L. Finch Contracting - Summerfield $318,770.90 Art Walker Construction, Inc. - Ocala, $340,707.00 ' Commercial Industrial Corp - Ocala '$340,957.40 GWP Construction, Inc. - Ocala $374,880.00 ' Pave-Rite,' Inc. - Lecanto $422,222.00 ' Carter Excavating, Inc. - Bell $163,832.50 Withdrew aid

, Attached for review IS a draft contract; pending approval at today's meeting, It will be sent to the contractor for signature and upon return, will be forwarded for the County Attorney's, Clerk of the Court's and Chairman's signatures.

Book V, Page 1319,

December 20,2016,

Budget/Impact: Neutral; expenditure shall not exceed $247,286.2q. Recommended Action: Motion to approve recommendationand allow staff to issue contract, and upon approval,by 'Legal, authorize the Chairman to execute contract, 'with Hartman Civil Construction Company, Inc., the lowest responsive, responsible bidder for bid ,16B-195.

7F8. Request Approval of Selection Committee, Recommendation: 17Q-001, Pre­Qualified Landfill Gas Collection and Control Repair, Modification, Maintenance and

,Installation - G2 Energy (Marion), LLC, Ocala, FL; SCS Engineers, Tampa, FL; and Carlson Eiwironmental Consultants PC, Monroe, NC - (Budget Impact - None) The Board accepted the following recommendation as presented by Procurement Services Director Olsen: '

Description/Background: On May 17, 2016, the Board directed Solid Waste to advertise a Request for Qualificatiqns (RFQ) to, contract with qualified firms to provide scheduled and' emergency repairs, 'modifications, _maintenance and expansions to the landfill gas collections and control system (LFGCCS) at the Baseline Landfill to support gas-to-energy plant while maintaining compliance with permit requirements. Five (5) submittals were received, evaluated and scored by the Selection Committee consisting of Brian Hing, James Larramore, and Mark Williams. Solid Waste Director, Mike .Sirns, is recommending award to the three

p-ran e trrns IS e eow:(3) to k d f r t d b I " - , Rank Firm Name Score

1 G2 Energy (Marion), LLC - Ocala 405 -2 SCS Enqineers - Tampa 381 3 Carlson Environmental Consultants PC - Monroe, NC 364 4 Monitoring, Control and Compliance; Inc. - Medina, OH 297 5 COMANCO Environmental Corporation- Plant City 240 .. . ­

It is Solid Waste's Intent to solicit all selected firms for competitive offers for task, orders under this contract. Those awards which trip the Board's approval thresholds .willbe brought back individually for review and approval. The attached draft contract will' be identical to all awarded 'firms and outlines all terms and conditions effective for an initial three (3) year term. Pending approval at today's meeting, contracts will be sent to the approved firms for execution as written, and upon return, will be forwarded for the County Attorney's" Clerk's, and Chair's signatures. ' BUdget/Impact: Selection of firms under the- RFQ process carries no budget impact. ' ­Recommended Action: Motion to approve recommendation and allow staff to " issue, and upon approval by Legal; authorize the Chairman to execute contracts with the three (3) top-ranked firms identified under 17Q-001.

(Ed. Note: Sterns, Conrad & Schmidt Consulting Engineers, Inc. is going business as (d/b/a) S8S Engineers.)

7G. Tourist Development 7G1.' Request Approval of Funding Agreement between 'Marion County and Equiventures, LLC (Budget Impact - Neutral: expenditures up to $75,000 as approved in the FY 16/17 budget) ,

Page 1320, Book V,

. '

, D~c~mber20;2016

The Board considered the following, recommendation as' presented by Tourist Development Executive Director Loretta Shaffer, Ocala/Marion County Visitors &

,Convention Bureau (VCB): Descriptiorvfsackqround: The Tourist Development Council (TDC) recommended approval of the funding request in the amount of $75,000 forEquiventures, LLC for their 3 Day Equestrian Eventing Series, scheduled from November25-27, 2016 -at the Ocala Jockey Club. . The Board of County Commissioners (BCC) approved the TDC's recommendation on August 16, '2016'. _ Attached is the contract that was reviewed by the County Attorney's .Office, to be . executed before any funding reimbursement would be considered: The program funding guidelines allows, for -reimbursement 'of eligible expenses,' based off verification of room nights met and adherence to this contract. ' Budget/Impact: Neutral; expenditures up to-$75,000 as approved in the FV 16/17 budget. Recommended Action: Motion to authorize' Chairman to execute agreement

. between Marion County and Equiventures, LLC. Ms. Shaffer presented a 4 page handout entitled, "Ocala Marion County, Florida Sports Commission" and advised that in July of 2016 the TDC vetted the event, noting it is a first year event. The event was presented to the Board in August of 2016 and event funding is paid out after all previously agreed upon criteria has been met. She advised that an item below $50,000 can be approved by the .County Administrator. Any expenditure over the $50,000 threshold requires Board approval. Ms. Schaffer commented on the grant opportunities associated with high impact signature events (HISE) that attract international attention. She noted ·Marion County will receive $7,700 in grant funds from the state for this event. Ms. Schaffer advised that the handout shows the estimated return on investment (ROI) associated with the equestrian event. She stated the event planners are required to share with the county data compiled to support receiving the funds. . In response to Commissioner Stone, Ms. Schaffer stated the Board is approving the ratification of the contract and giving the TDC authority to payout funds once all contract criteria has been met. She stated the goal is to continue to incubate events and help them grow to generate room nights. , . . A motion was made by Commissioner Stone; seconded by Commissioner Moore, to approve the agreement with Equiventures, LLC. The motion was unanimously approved by the Board (5-0). In response to Chairman Zalak, Ms. Schaffer stated the TDC directed staff to establish a community funding program to expand single day trips into multiple day events. She advised that the TDC will bring the item back to the Board in January. Chairman Zalak stated there will be limited funds available for this program; therefore, a cap will be placed on each event. He stated funds received from the additional bed tax is to be used for shoulder season events and HISE investments, noting the goal is to entice the private sector to invest capital into tourism in Marion County.. ' In response to Chairman, Zalak, Ms. Schaffer advised that taking into consideration all locations that offer overnight stays and are vetted through the tax collector the occupancy rate should not exceed 85%. Chairman Zalak noted it does not make sense to 'fund an event during peak times, when room availability is limited.

. Book Vi Page 1321

December 20, 2016

Ms. Schaffer stated once an event is vetted through the TDC the Board will receive 2 years of historical dataattached to every funding request. Commissioner Gold out at 10:37 a.m.

7H. Transportation - County Engineer: . 7H1. Request Approval of a Deed between Marion County and the School Board of

'.Marion County Associated with an Offsite Infrastructure Agreement (Budget Impact - . None) The Board accepted the following recommendation as presented by County Engineer Tracy Straub, PE, Office of the County Engineer (OCE):

Description/Background: This is a request to approve a deed between Marion County and the School Board of Marion County associated with an offsite infrastructure agreement approved by the-Board of County Commissioners on May 18, 2010. The agreement authorized the School Board to .rnodify the existing drainage retention area in Marion Oaks Unit 7 lying east of lot 1, block 1046. As per the terms of the agreement, the Deed reflects a reservation to Marion County forstormwater discharge and volume as described in the Southwest Florida Water ManaqernentDistrict (SWFWMD) permit #44034864.000 considering current and future roadway improvements. The School Board also assumes perpetual maintenance responsibilities for the retention area. BudgeUlmpact: None. . Recommended Action: Motion to approve the Deed and authorize the Chairman and Clerk to execute the same.

7H2. Request Approval of a District Office Lease between Marion County and Florida State House Representative Stan McClain (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, PE, OCE:

Description/Background: This is a request to approve a District Office Lease between Marion County and House Representative Stan McClain for office space located at 315 SE 25th Avenue, Ocala, FL. The lease is from November 9,2016 through November 6, 2018 and has been reviewed by the County Attorney's office. Budget Impact: None. Recommended Action: Motion to approve the District Office Lease and authorize the Chairman to execute the same. .

7H3. RequestApproval of a District Office Lease and Attachment between Marion County and U.S. Congressman Ted S. Yoho (Budget Impact - None) . . The Board accepted the foll.owing recommendation as presented by County Engineer Straub, PE, OCE: ..

Description/Background::This is a request to approve a District Office Lease and Attachment between Marion County and U.S. Congressman Ted.S. Yoho for office space located at 115 SE 25th Avenue, Ocala, FL The lease is from January 3, 2017 through January 2, 2019 and has been reviewed by the County Attorney's office. Budget Impact: None. Recommended Action: Motion to approve the District Office Lease and Attachment and authorize the Chairman to execute the same.

Page 1322, Book V

December 20, 2016

7H4. Request Approval. of a District Office Lease between Marion County and Florida State Senator Dennis Baxley (Budget Impact - None) . The Board accepted the following recommendation as presented by County Engineer Straub, PE, OCE:

.Description/Background: This is a request to approve a District Office. Lease . between Marion County and Senator Dennis Baxley for office space located at 315 SE 25th Avenue, Ocala, FL. The lease is from January 3, 2017 through January 2, 2019 and has been reviewed by the County Attorney's office. Budget Impact: None. Recommended Action: Motion to approve the District Office Lease and authorize the Chairman to execute the same.

7H5.. Request Approval of Improvement Agreement for Villages of Marion Soulliere Villas Subdlvlsion (Budget Impact - None) The Board accepted the following recommendation as presented by County Engineer Straub, PE, OCE: .

Description/Background: The County Attorney has reviewed and approved the Improvement Agreement with Certificate of' Deposit in the amount of $1,951,815.60. This subdivision is located in the southeast portion of the County and contains 135 lots on 32.33 acres with 1.25 miles of private road. . Budget/Impact: None. Recommended Action: Motion to approve the attached Improvement Agreement and to authorize the Chair and Clerk to execute the same.

7H6. Request Approval of the First Amendment for Cooperative Funding Agreement No. 16CF0000154 Between the Southwest Florida Water Management District and Marion County for the Rainbow Springshed Stormwater Retrofit Project (WR04) (Budget Impact - Credit of up to $465,755) . The Board accepted the following recommendation as presented by County Engineer Straub, PE, OCE:

Description/Background: This project, located within Rainbow Springs 5th Replat, " is a joint effort by the .County and the. Southwest Florida Water Management District (SWFWIVID), to improve water quality treatment for stormwater discharges to the Floridan aquifer system. Two of the three drainage retention areas (DRAs) are currently under construction. The third DRA is in the design phase. This grant will reimburse 50% of the dollars spent for construction (up to a total reimbursement amount of $465,755). The first amendment for SWFWIVID Grant WR04 (Agreement No. 16CF0000154) extends the contract expiration date to August 31,2017, to accommodate the timeline for the third DRA. This project is identified as Rainbow Springs 5th Replat, Capital Project 57, in the FY 2016/2017 Stormwater Budget. Budget/Impact: Credit of up to $465,755 to the Stormwater Fund Grant Revenue Account 189000-33730016. Recommended Action: Motion to approve the attached amendment and authorize the Chairman and Clerk to execute the same. .

. 71" Utilities:

Book V, Page 1323

December 20, 2016

711. Request Approval to Refund Customer Over Payment of $2,333 (Budget Impact ­None). . . The Board accepted the following recommendation as presented by Utilities Director Angel Roussel: .

Description/Background: Marion County Utilities is. requesting a customer refund for inadvertent overpayment of $2,333. The attached application for refund form is submitted for approval and execution. Budget/Impact: None. Recommended Action: Motion to approve the attached Refund Application and authorize Chair and Clerk to execute the same. .

8. COUNTY ATTORNEY: NONE

9. COUNTV"ADMINISTRATOR: 9A. Administrative Updates Mr. Bouyounes advised that the Office of Public Information will present a brief update. Public Relations & Communications Director Nicholas Zoller, Office of Public Information, gave a brief overview of the latest County Connection newsletter and advised that those wishing to receive the twice-monthly email can sign up on the County website at www.marioncounMl.org or by using the sign-up list in the lobby of the auditorium. Mr. Zoller stated the "Bring the Harvest Home" campaign brought in over 6,700'pounds of food, which was approximately 12 percent (%) more than 2015. Commissioner Bryant advised that oyer $2,800 was donated to purchase roughly 4,800 more pounds of food.

9C. Request Approval of Option to Buyback Utility Credits Under Agreement Between Justin Albright, Edgewood II, Edgewood, and Marion County at a 50% Discount Utilities Director Roussel presented the following recommendation:

Description/Background: On July 7, 2015, the Board approved an agreement regarding utilities covenant that clarified the rights and obligations of the County and private parties that arose related to the County's acquisition of the assets of the Silver Springs Regional Water & Sewer, Inc., utility system, in November 2005. As part of that 2005 acquisition of system assets, the County also assumed outstanding liabilities of the system, which included the obligation to provide water and wastewater utility capacity for an approximate 465 acre tract known as the Wagner tract, with no payment of Impact fees or capacity charges. The July 7, 2015 agreement clarified the County's obligation regarding the Wagner tract, by providing a maximum commitment of 625 ERCs, with respect to the Wagner tract, and established a termination date as to that commitment of December 2025. Since the Board approved the agreement last year, the property owners have negotiated a deal to sell the property to the State of Florida. The, acquisition of this site by the State will provide significant 'environmental benefits to Silver Springs, and the County may be assigned to manage the lands. However, the State is unable to pay for the value of the 625 utility credits. In order for the owners to "be made whole" regarding their assets, they require a way to be able to recoup the value of those utility credits. Associated agreements are attached for review. On November 1, 2016, an amendment was presented to the Board to allow the private parties to recoup the value of the credits throuqh either assignment of

Page 1324, Book V

I

December 20,2016

, credits to other properties, or an option to buyback credits at a50% discount. The Board requested additional financial information from staff which is being included

,within this item. ' Budget/Impact: Option A: $2,027,812.'50 in 2017

, Option B: $4,055,625 cit 94 ERCs per year Recommended Action: Motion to approve the buyback option at a 50% discount ., for a total of $2,027,812.50, subjectto the State acquisition of the property.

Commissioner Gold returned at 10:39 a.m. ' Mr. Bouyounes advised that the Board can either decide to buy back the utility credits at a 50 percent (%)' discount or allow the developer to-sell the credits county wide, noting the decision is contingent on the State buying the property. He noted if the State does not purchase the property the original agreement will remain in place. ' A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the buyback option at a 50% discount for a total of $2,027,812.50, subject to State acquisition of the property. ' In response to Chairman.lalak, Mr. Bouyounes advised that Option A is the best financial decision for the Utility , , The motion was unanimously approved by the Board (5-0). Mr. Bouyounes stated staff will notifythe developer and final agreement will-be brouqht back to the Board at a later date.' In response to Chairman Zalak, Mr. Bouyounes advised that the Board will execute the agreement prior to it going before the Cabinet. He reiterated if the sale fails on the State level the agreement will revert back to the original terms.

90. Request Approval of the Proposed Administrative Strateqic Plan, "Empowering Marion for Success" County 'Administrator Bouyounes, Administration, presented the following recommendation: '

Description/Background: Over the course of the past several months, staff has been working diligently to develop the attached administrative strategic plan, Empowering Marion for Success, which serves as a blueprint to empower county departments to achieve excellence. The goals and guidelines contained within are. focused on promoting exemplary customer service, a positive and forward thinking organizational culture and setting the standard for what public service should be. Over the next five years, 2017-2021, the guiding principles and strategies containedwithln this plan will be tracked and evaluated to measure for successful outcomes. In this plan, we review services, identify challenges and opportunities and establish the organizational framework and expectations to take customer service to the next level. This plan establishes six core values which provide a foundation for the three gUiding' principles that form our new mission statement: Leading public service in genuine dedication to our citizens through professional operations and resource stewardship. ' In addition and in line with ongoing board priorlties, the, plan focuses special attention on three major areas: Public Safety, Transportation Infrastructure and Natural Resources, beyond the many other county services that are provided daily.

, Approval of this item will give county staff the tools and strategies that will provide the framework to exceedcurrent standards of service.

Book V, Page 1325

December 20,2016 .

Budget/Impact: None; specific financial impacts will be addressed through the annual budget process. _ Recommended Action: Motion to approve the proposed administrative strategic plan; Empowering Marion for Success. .

Mr. Bouyounes expressed his appreciation to staff for all their hard work completing the adrninistrative strategic plan. He advised that the plan is organized into 3 major.elements:· organizational culture; county services and key areas of focus; and financial challenges and opportunities. Mr. Bouyounes advised that all 3 elemenfs provide a road map for operation over the next 5 years. He stated the strategic plan is a living document and will be modified annually as needed.. Commissioner Moore opined that transparency should be a separate core value. Mr.

.Bouyounes stated the, core values were solicited from staff and ranked by level of importance. He advised that the entire plan revolves around transparency, noting staff can add ari additional core value ifthe Board directs. . '. Chairman Zalak advised that from a staff perspective accountability encompasses transparency. He stated Marion County is rated A+ in transparency by multiple government agencies. ' .. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the proposed administrative strategic plan, Empowering Marion for Success. Commissioner Stone expressed her support for the new plan. Chairman Zalak concurred. He advised that additional items will be discussed on an annualbasis during the strategic plan. Mr. Bouyounes stated leadership teams have been created to open communication and relationship between staff and the Commissioners. ' . The motion was unanimously approved by the Board (5-0). Mr. Bouyounes invited the Board to join the Directors for the annual Christmas Luncheon in the 'courtyard immediately following today's meeting.

10. COMMITTEE ITEMS: tOA. Marion .County Historical Commission - Request Appointment 'of Two At-Large Members for Full Terms ' Executive Assistant Nadja M. Griffis, Commission Office, presented the following recommendation: .

Description/Background: The Marion County Historical Commission has two at­large appointments on the new board to serve a 4-year term expiring December 2020, which need to be filled by the Commission. Four applications for these two positons have been received and all four applicants served on the previous Historical Commission board:

Dr. Richard Cardenali - retired, college professor - Emmett Coyne - retired, education - Oscar Goolsby - Registered Nurse, Department of Veterans' Affairs

Robert Smith - cartoonist/FL historian, Cartoons by Rob Smith, Jr. Budget/Impact: None. Recommended Action: Motion to appoint two at large members to the Marion County Historical Commission for full terms, both ending December 2020.

The Deputy Clerk announced the results of the Commissioners" ballots for the Historical Commission.

Page 1326, Book V.

. December 20,2016

.A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to . .

appoint Dr. Richard Cardenali and Oscar Goolsby as at-large members of the Historical, Commission. The motion was unanimously approved by the Board (5-0). .

108. Marion Oaks MSTU for General Services - RequestAcceptance of One Resignation and Approval to Advertise for Vacancy for Unexpired Term Executive Assistant Griffis, Commission Office, presented the following recommendation:

Description/Backgroond: Ms. Rose Levengood has tendered her resignation from the Marion Oaks MSTU for. General Services Advisory Council,' effective December 31, 2016. As such, on January 1, 2017'there will be a vacancy for a term that will expire in March 2018. Budget/Impact: None. Recommended, Action: Motion to .accept the resignation of Ms. Levengood and approve advertisement of one vacancy for an unexpired term.

A motion' was made by Commissioner Bryant, seconded. by Commissioner Gold, to accept the resignation of I\I1s. Rose Levengood; execute the appropriate letter of appreciation; and advertise vacancy.' The motion was unanimously approved by the Board (5-0). It was general consensus of the Board to allow Commissioner Bryant to execute the letter of appreciation to Ms. Levengood on behalf of the.Board, since this is in her district.

10C. Silver Springs Shores Special Taxing District - Request Approval to Advertise for One (1) Vacancy for a Full Term Executive Assistant Griffis, Commission Office, presented the following recommendation:

Description/Background: Ms. Kari Bowman originally intended to run for a full term on the Silver Springs Shores Special Taxing District in the November 2016 general election. After initially applying to be on the ballot; Ms. Bowman decided she would be unable to fulfill a full term. As such there is a vacancy on the advisory council. Per Resolution 87-SSS-1 when a vacancy is created, the BCC may appoint an individual' until the next general election. Budget/Impact: None. Recommended Action: Motion to approve advertisement of one vacancy for the SSS MSTU for an unexpired term until the next general election. .

A motion' was made by Commissioner Moore,seconded by Commissioner Stone, to approve advertisement of vacancy. The motion was unanimously approved by the Board (5-0).

11. NOTATION FOR ACTION: 11A. Request Approval to Advertise and Schedule an Adoption 'Public Hearing on Tuesday, January 17, 2017 at 10:00 a.m. for the Approval and Adoption of the Five­Year Schedule of Capitallmprovements2017 Annual Update for FY 2016-2017 through FY 2020-2021 The Board considered the following recommendation from Growth Services Director Sam Martsolf: .

Description/Background: Florida Statutes Section 163.3177(3) requires the county to annually maintain a Schedule of Capital Improvements for the Five-Year Capital' Improvements Program as part of the Capital Improvements Element(CIE) of the Comprehensive Plan. The CIE Schedule contains projects for facilities and

, Book V, Page 1327

December 20,2016

services with a Comprehensive Plan adopted Level of Service (LOS) standard which includes the following: Potable Water, Sanitary Sewer, Transportation, Solid Waste, Stormwater(drainage), Public School Facilities, and Recreation and Open Space. This annual update must be approved by the Board, but is n-o longer required to be aformal Comprehensive Plan Amendment that must be reviewed by the Department of Economic Opportunity. The County Commissioners must now schedule a public hearing to' consider the final adoption and approval of the . ,2017 CIE Schedule Update. Budget/Impact: None.. Recommended Action': Motion' to' advertise and schedule an adoption public hearing for approval. and adoption of the Five-Year Schedule of Capital Improvements for FY 2016-2017 through FY 2020-2021, on January 17, 2017, at , 10:00 a.m., during the public hearing portion of the regular Board of County

. Cornrrilssioners' meeting. A motion was made by Commissioner Bryant,seconded by Commissioner Moore, to advertise and schedule an adoption public hearing on Tuesday" January 17, 2017 at 10:00 a.m. to consider adoption of the Five~Year Schedule of Capital Improvements for FY 2016-2017 through FY 2020-2021. The motion was unanimously approved by the Board (5-0).

12. COMMISSIONER ITEMS: 12A1. Commissioner Moore - Parks and Recreation Advisory Council'(PRAC) Individual Appointment Executive Assistant Griffis, Commission Office, presented the following recommendation: .

Description/Background: Commissioner Moore's appointmentto the PRAC, City of Ocala Councilman Brent Malever, .has informed Commissioner Moore he needs to resign due to other commitment. . Budget/Impact: None. Recommended Action: Request Appointment of a new member to PRAC as recommended by Commissioner Moore.

Commissioner Moore thanked Ocala Councilman Brent Malever for serving over 4 years on the PRAC. He stated' Mr. Malever is stepping down from PRAC because of additional responsibilities as City Council President. Commissioner Moore recommended Craig Curry as his appointeeto fill Mr. Malever's position. A motion was made by Commissioner Stone; seconded by Commissioner Moore, to accept the resignation of Brent Malever; execute the appropriate letter of appreciation; and appoint Craig Curry as CornmlsslonerMoore's appointee to PRAC: The motion was unanimously approved by the Board (5-0).

12A2. Chairman Zalak - Request Approval to Accept the Marion County Continuum of Care as a Commission Liaison Appointment and to Appoint Commissioner Michelle Stone . as Commission Liaison to Serve on the Board of Governors for 2017 Executive Assistant Griffis, Commission Office, presented the following recommendation:'

Description/Background: United Way of Marion County has requested the BeC " appoint a Commissioner to the Marion County Continuum of Care Board of Governors. Upon approval, this Board will be added to the Commission Liaison Chart. An appointment will be made at the discretion of the Chairman. ,Budget/Impact: None.

Page 1328, Book V

DecernberZu, 2016

Recommended Action: Motion to accept the Marion County Continuum of Care Board of Governors as a Commission Liaison appointment. , , '

Chairman Zalak advised that the Marion County Continuum of Care Board of Governors has requested a BCC member be appointed to serve as a liaison. A motion was made by Commissioner Gold, seconded by Commissioner Bryant, to accept the Marion County Continuum of Care Board of Governors as a Commission Liaison appointment and appoint Commissioner Stone as' Liaison. The motion was unanimously approved by the Board (5-0).

12A. Commission Comments, Commissioner Stone wished everyone a' Merry Christmas and a. wonderful holiday season.

Commissioner Moore wished everyone a Merry Christmas and Hanukkah. He invited, everyone to the Ocala downtown square for the lighting of the Menorah. ­

"

Commissioner Gold wished everyone a Merry Christmas.

Commissioner Bryant commented on the Hospital District Board of Directors meeting she attended last night, noting they talked about legislative priorities set by the BCC. She requested Chairman Zalak send a letter to the Chairman of the Hospital District asking for a letter of support for the College of Central Florida (CF). Chairman Zalak directed staff to prepare a letter requesting a letter of support from the Hospital District for CF. Commissioner Bryant expressed her appreciation to staff for all their hard work and the citizens for all their support. She wished everyone a Merry Christmas.

ChairmanZalak thanked staff for all their hard work. ' ,

128. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of December 20,2016 through January 24,2017.

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. Roger Knechtel, SE 97th Terrace Road, Summerfield, commended Marion County Volunteer Employee Choir and wished everyone a Merry Christmas. Henry' Munoz, Marion Oaks Boulevard, commented on the similarities between the Constitution and the Bible.

UPDATE: Mr. Minter advised that the word "elector" is synonymous with the word "voter", except in the case of presidential electors; therefore, if you are 18 years old, a citizen, legal resident and registered pursuit to the Florida election code, you are an elector.

,13. NOTATION FOR RECORD: For information and record, the Chairman acknowledged receipt of the following Notation for Record correspondence, items A through C from County Administrator Bouyounes,

Book V, Page 1329

December 20, 2016

and items D and E from Clerk Ellspermann: 13A. County Administrator Informational Items: . 13A1: Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Lloyd Monroe Property Parcel #41507-000-00, Application #19616 _ 13A2. Present Activity Report for the Acceptance of Agricultural Manure and Stall Waste

. at the Baseline Landfill - June 2015 to November 2016 13A3. Present Building Safety Productivity Report for Month of November, 2016

'13A4. Present Letter Dated December 7, 2016 from Tracy Straub, County Engineer to the Secretary of the .uS Department of Transportation in Support of Florida Department of Transportation's Request to Obtain a FASTLANE Grant for the 1-75 Freight Mobility Improvement Project (Turnpike to CR 484) located in Sumter and Marion Counties, Florida . 13A5. Present Ocala/Marion County Chamber and Economic Partnership (CEP) Activity Report for November and Performance Matrix YTD 2016 13A6. Present Letter Dated November 29, 2016 from Steven A. Gray of Gray, Ackerman & Haines, P.A. to Mounir Bouyounes, County Administrator, Regarding the Confirmation of Transaction - Wagner Covenant Utilities Credits/465 Acre Sale 'to State of Florida ·13A7. Present Letter Dated December 8, 2016 from Sue Farnsworth, Development Services Director at the City of Belleview to Mounir Bouyounes, County Administrator, Regarding Annexation Application for Parcel #38595-000-00(City of Belleview) and that Portion of SE 55th Avenue Rd Adjacent to Parcel #38595-000~00 with Attached Ordinance Notice

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

13C. General Informational Items: 13C1. Present Change Order #1 Marion County Water and Wastewater System Developer's Service Agreement Contract No. 16-01 ~ , 13C2. Marion County Health Department - For the Latest health news and information, Visit the Website at http://marionJloridahealth.gov/ .

t30. Clerk of the Court: 1-301. Present Regular Report of Utilization for Reserve for Contingencies 1302. Present Monthly Report for the Building Department Budget and Actual . 1303. For the Month Ended November 2016, a List of Checks Drawn on Commission Accounts, Pursuant to Chapter 136.06, Florida Statutes, are Located at the .Following Website Address: http://www.marioncountyclerk.org/public/index.cfm?Pg=boardcheck registers . 1304. Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 34402, 37589,43172,45965 ' 1305. Present Memorandum From DavidR. Ellspermann, Clerk Of Circuit Court And Comptroller, Regarding The FiIi~g Of Ordinances 16-39 (Carney Island Recreation' & Conservation Area), 16-40 (Medical Marijuana Dispensing Facilities), 16-41 (Small Scale Comprehensive Plan), 16-42 (Zoning) And 16-43 (Amending Code Sections 2-39 And 2­49) 'With The Secretary Of State's Office . 1306. Present Letter, Dated November 22, 2016, From Clerk Ellspermann To the Secretary Of State Along With Certified Copies Of The Oath Of Office For Curt Brornund and Susie Crabb, Members of the Marion County Industrial Development Authority

page 1330, Book V

December 20,2016

1307. Present Lands Available For Taxes Which The County May' Purchase (Within 90 . Days From 10/26/16) For The Opening Bid Amounts, Pursuant To Chapter 197.542(1), Florida Statutes 1308. Present Lands Available For Taxes Which The County May Purchase (Within 90 Days From 12/07/16) For The Opening Bid Amounts, Pursuant To Chapter 197.502(7), Florida Statutes 1309. Present Certificates Certifying There Has Been No Election In 'Marion County Resulting In A Recall Of The Racing Permits Held By Lake Fron, Inc. doing business as (d/b/a) Ocala Jai Alai', Ocala Breeders' Sales Co., ·lnc. And South Marion Real Estate Holdings, LLC Facilities

13E. Present for information and record, minutes and notices received·from the following committees and agencies: 13E1. Development Review Committee (DRC) - November 14 and 21, 2016 13E2. Marion County Hospital District Board of Trustees (MCHD) - October 31,2016

.13E3. Marion Oaks MSTU for General Services Advisory Council - September 28 'and October 26, 2016 .' 13E4. Planning & Zoning Commission (P&Z) - October 31, 2016, 13E5. Rainbow Lakes Estates (RLE) Advisory Committee - October 20, 2016' 13E6. Silver Springs Shores Special Tax District Advisory Council- November 10, 2016 13E7. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at http://www.WaterMatters.org 13E8. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at http://www.floridaswater.com 13E9. St. Johns River Water Management District (SJRWMD) - Present letter' dated December 7,2016 regarding the 2017 Governing Board Meeting Schedule

. 13E10.Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http://www'.ocalafl.org/tpo·· , 13E11. With lacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at http://www.wrwsa.org

There was a recess at 10:58 a.m. The meeting reconvened at 2:02 p.m. with all members present.

Also present were: Growth Services Dlrector'Sarn Martsolf, Senior Planners Chris Rison, Ken Weyrauch and. Kimberleigh (Kim) Dinkins" Strategic Resources Project Manager Kevin Smith, Administrative Staff Assistant Stephanie Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes. .

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

14. PLANNING & ZONING ANO ORe WAIVER REQUESTS (AT 2:00PM): Deputy Clerk Bonvissuto advised that there are several Proofs of Publication to be presented for this afternoons meeting.. ' The first Proof of Publication is a display ad entitled, "Notice of Change of Land Use, Marion County Comprehensive Plan", published in the Star Banner newspaper on November 18, 2016. The Notice states the Board will consider an Ordinance adopting,

Book V, Page 1331

December20,2016.

Large-Scale Comprehensive Plan Amendment 16-L08 (Item 14A6) to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan. The second 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 November 18; 291-6. The Notice states the Board will consider an Ordinance adopting Large Scale'Comprehensive Plan Amendment 16-L07 (Items 1481 and 14<:;1) to the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan. The final Proof of Publication is No. AOOd901147 entitled, "Notice of Intention to Consider Adoption of an Ordinance" published in the. Star Banner newspaper -on December 6, 2016. The Notice states the Board will consider adopting an Ordinance approving Small Scale Comprehensive Plan Amendment 16-S10 (Items 14B6 and 14C2), rezoning and/or Special Use Permit applications, and to consider adoption of an Ordinance (Item 14C3). Chairman Zalak directed the County Attorney to address today's procedures. Mr. Minter advised that fortoday's hearings there is a Consent Agenda, as no opposition has been received on those Items. The Growth Services Director will read the list of applications on the Consent Agenda. Those present will have an opportunity to raise their hand if they have a question or are in opposition to any of those items 'so that it can be pulled from the Consent Agenda. If no one speaks up in regard to any cases on the Consent Agenda then the BCC will make a combined motion to approve all items on that portion of the agenda. The Items to be heard, not on the Consent Agenda, include a small scale comprehensive plan amendment (CPA), as well as a rezoning. The BCC is basically' acting as what is called a "Legislative Role or Policy Making Role" for CPA activities, just as they would act if adopting a piece of legislation, such as an Ordinance. . The BCC acts in a "'quasi-judicial" capacity in regard to rezoning cases, which means they are acting like judges. If speaking in regard to a zoning matter- before the Board it is important that what is considered as "evidence" be addressed rather than ones opinion. To say you are against an application, that is your opinion, and just do not like it, legally does not carry much weight in court. It is important to state a specific reason you are opposed to a rezoning, such as: concerns with odors, noise, a building being too close to your property line, traffic that may be generated by the activity, etc. Mr. Minter stated one cannot make stuff up, but needs to state things factually when testifying before the Board today: Questions regarding the applicant are to be addressed to the BCC and the Board will then. direct those to the applicant for a response: Mr. Minter stated that is the basic format today. Chairman Zalak advised that for items to be considered individually, the applicant will address the Board abo.ut the matter, the public will then be given an opportunity to voice their concerns, and then the applicant will then be given the chance to come back to rebut

. any comments.

14A. Planning and Zoning Consent Items: It was noted that the Planning & Zoning (P&Z) Commission recommendation is as follows:

'ITEM NUMBER OWNER FROM-TO

\

ACREAGE

1 161201SU DaVid & Tina Albritton Special Use Permit in A-1 15.4 2 ,161202SU Vernon R.·Haugen ' Special Use Permit.in A-1 3.0

Page'1332, Book V

December 20,2016

3 161205SU ·Morse-Sembler Villages · Partnership #1'

Modification of SUP in PUD 2.6

4 161206Z The Frank G. Florentino Revocable Living Trust

R-1 to B-5 0.54

5 161210SU The Frank G. Florentino Revocable Living Trust

,Special Use Permit in B-5 1.17

6 16-L08 Manuel Olivier, USA

·Ymor Lime Investments, LP , ,

20 acres: .Hlqh Density to Urban Residential

.20 acres: High Density to Employment Center

40.00

PLANNING AND ZONING COIVIIVIISSION RECOMMENDATION: Motion was made by Mr. Lourenco, and seconded by Mr. Colen, to agree with staff's findings and recommendation, and recommend 'approval of the following Consent Agenda items (161201SU, 161202SU, 161205SU, 161206Z, 161210SU and 16-L08) 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 4 to owith Mr. Bailey abstaining due to a conflict of interest.

Growth Services Director Sam Martsolf advised that the first five (5) petitions listed on the consent agenda are recommended for approval by both the Planning Division and the P&Z Commission. He stated the lastthree (3) items (14A6, 14A7 and 14A8) have been requested by someone in the audience to be-pulled. The remaining consent agenda items f14A1 through 14A5) will be acted on in one motion, as follows:

ITEM NUMBER

OWNER FROM-TO ACREAGE

1 161201SU David & Tina Albritton Special Use Permit in A-1 15.4 2 161202SU Vernon R. Haugen - Special Use Permit inA-1 3.0

3 161205SU Morse-Sembler Villages . Partnership #1

Modification of SUP in 'PUD

2.6

4, 161206Z The Frank G. Florentino Revocable Living Trust

R-1 to B-5 . 0.54 .

5 161208SU The Frank G. Florentino Revocable Living Trust.

Special Use Permit in B-5 1.17

20 acres: High Density to

6 16-L08 Manuel Olivier, USA

. Ymor Lime Investments, LP Urban Residential 20 acres: High Density to

40.00

Employment Center

7 161207Z Manuel Olivier, USA Ymor Lime Investments, LP

R-1 and B~2to PUD 70.0

8 16-DT6 Manuel Olivier, USA Ymor Lime Investments, LP

Developer's Agreement Termination & Expiration Acknowledgement

60.0·

Chairman Zalak opened the floor to public comment. . There being none, Chairman Zalak advised that public comment is now closed. '

, ,

A motion was made by Commissioner M90re, seconded by Commissioner Bryant) to . approve consent agenda items 14A1 through 14A5, agreeing with Growth Services Department staff and,the P&Z Commission recommendations, based on findings that the

Book V, Page 1333

December 20,2016

- 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. 161201SU:' David and Tina Albritton, Special,Use Permit in A-1, 15.4 Acres The Board adopted Resolution 16-R-572 granting a petition by David and Tina Albritton (owners) / Regina Bradley (applicant), ,7575 West Highway 326, - Ocala, FL, for modification of Special Use Permit 130403SU, Articles 2 arid 4, of the Marion County Land Development Code, to expand current group' home occupancy from 8 beds to 12 beds in A-1 zone on approximately 15.4 acres of Parcel Account No. 13009-000-66. Resolution 16-R-572 contains the following Conditions:

1. The site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval. ­

2. The assisted living facility shall be limited to twelve (12) residents/clients, along with the staff.

3. The -assisted living facility shall maintain the existing single-family residential facade/character. ~

4. The assisted living facility ope-ration is limited to the existing structure as depicted on the concept plan. Expansion of the structure and lor an increase in the number of residents beyond the limits identified above is prohibited; however the -owner/applicant may submit a new special Use Permit Application for review and consideration for an expansion/increase.

5. An evaluation of biJilding permit and wastewater requirements to support the increased occupancy of the existing single family residence shall be obtained prior to the additional occupancy requested herein.

6. The sign shall comply with the Marion County Land Development Code. 7. The Special Use Permit shall run with Serenity Holistic- Residential Care

Corporation, .and not the property. -8. The Special Use Permit shall expire/terminate in the event there is any

division/subdivisi'on of the overall property from its 15.40 acre size. ' 9. The Special Use Permit shall expire on December 20, 2021. The applicant

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

10. Special Use Permit 130403SU/Resolution No. 13-R-109 is hereby repealed and replaced by this Special use Permit. '

14A2. 161202SU -Vernon R.Haugen, Special Use Permit in A-1, 3 Acres The Board adopted Resolution 16:-R-573 granting a petition by Vernon R. Haugen (owner/ applicant), PO Box 773, Anthony, FL, for renewal of Special Use Permit 110702SU, Articles 2 and 4, of the Marion 'County Land Development Code, for, parking of a commercial vehicle over 10;000 pounds (Ibs.) in A-1 zone on approximately 3 acres of Parcel Account No. 14432-000-49. Resolution 16-R-573 contains the following Conditions:

1. Thesite shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval.

2. The Special Use -Permit is 'limited to a maximum of one (1) commercial vehicle, specifically a semi-tractor cab, VIN # 1XP5D69XOYN524677.

Page 1334, Book V

December 20,2016

3. The parking/storage of a refrigerated trailer unit(s}, is prohibited. 4. No mechanical repairs/Maintenance on the commercial vehicle shall take

" place on-site. 5. The semi-tractor parking area shall beIocated within the existing barn

, structure along the barn's northern side. 6. 'Existing tree line buffers shall be maintained along the subject property's

boundaries. ,7. The owner/operator of the commercial vehicle shall reside onsite. " 8. The Special Use Permit shall run with the Vernon Haugen and not with the

property. 9. The Special Use Permit shall expire 'on July 19th, 2021. The applicant may

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

14A3. 161205SU - Morse-Sernbler Villages Partnership #1, Modification of Special Use Permit in PUD, 2.6 Acres ' The Board adopted Resolution 16-R-574 granting a petition by Morse-Sembler Villages Partnership #1 (owner) / Edwards' Construction (applicant), 1071 Canal Street, The Villages, FL, for modification of Special Use Permit 100501SU, Articles 2 and 4, of the Marion County Land Development Code, to change from 60 beds to 68 beds in a PUD zone on approximately 2.6 acres of Parcel Account No. 6700-200-001. Resolution 16-R­574 contains the following Conditions:

1. The' site shall be developed and operated consistent with the submitted conceptual plan and the conditions as provided with this approval.

2. The skilled nursing facility is limited to a maximum of 68 beds. 3. The development of the skilled nursing facility shall comply with the Villages

of Marion Florida Quality Development's Development Order, as amended, including but not limited to, compliance with the Land Use Conversion M~~. .

(Ed. Note: Special Use Permit Resolution 100501SU/10-R-177 is modified by this Special Use Permit.) .

14A4. 161206Z - The Frank G. Fiorentino Revocable Living Trust, R-1 to B-5, .54 Acres The Board granted a petition by The Frank G. Fiorentino Revocable Living Trust (owner/ applicant), 11760 NE 14th Avenue, Anthony, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code from R-1 to B-5 on approximately 0.54 acre of Parcel Account No. 35980-000-00.

14A5. 161210SU - The Frank G. Fiorentino Revocable Living Trust, Special Use Permit in B-5, 1.17 Acres' The Board adopted Resolution 16-R-575 granting a petition' by the Frank G. Fiorentino Revocable Living Trust (owner/appllcarrt), 11760 NE 14th Avenue, Anthony, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for . a security residence in a B-5 zone on approximately 1.17 acres of Parcel Account No. 35980-000-00. Resolution 16-R-575 contains the following Conditions:

,1. 'The existing residential structure' located on the site may be used as a security residence. ' '

2. The site shall be consistent with the submitted conceptual plan.

BO'ok V, Page 1335

December20, 2016

,1,4A6. 16-L08 '- Manuel Olivier, USA Ymor Lime Investments LP, High Density to' Urban Residential, 20 Acres; High Density to Employment Center, 20 Acres The Board considered transmittal of Large Scale Comprehensive Plan Amendment No: 16-L08 by' Manuel Olivier, USA Ymor Lime Investments LP (owner/applicant), 1 Des Huards Street, Verdun PO, H3E 1)(9, for a land use change, Articles 1, 2 and 3 of the Marion County Land Development Code, 'from High Density' to Urban Residential on approximately 20 acres and High Density to Employment Center on approximately 20 acres of Parcel Account Nos. Nos. 35308-000-00 and 35334.;.008-00. David Tillman, Tillman & Assoclates Engineering, SE '16 th Avenue, representing the applicant was present. Strategic Resources Project Manager Kevin Smith, Growth Services, advised that Items 14A6 (16-L08) and 14A7 (161207Z) isa combination of FLUM changes and rezoning for a parcel of property located on SW 110th Street, approximately 3,600 feet from' the

· intersection on SR 200, which is within the Urban Growth Boundary (UGB). Future Land' Use request is to construct a'mixed use land development, known as.t t oth Street Mixed Use Planned Unit Development (PUD). The concept will include townhornes, residential condominiums, professional office, assisted living and commercial land uses.

· Two parcels that are changing in terms of the future land use will go from High Density Residential to Employment Center and another will go to the High Residential/Urban Residential category, which will increase the land use density and permissible residential, development intensity. ­Staff analysis indicates that there will be no conflicts with the identified policies in the .Cornprehenslve Plan 'and Land Development Code (LDC). At this point staff has identified no concurrency issues and recommends approval of the proposal. Mr. Smith advised thaUhe existing Developer's Agreement (Item 14A8) was approved for this project and will be terminated as part of this package. Chairman Zalak opened the floor to public comment in regard to 14A6, 14A7 and 14A8. Gary y\!arren, SW 11Oth Street, Dunnellon, noted the subject property is in an agricultural area where most people have 5 to 10 acres. He stated this will interfere with the agriculture by .allowinq high-rise buildings, noting there is very little access on SW 11Oth

Street and no access to Highway 484. Traffic will be added to SR 200, Highway 484 and SW 11 oth Street. " CommissionerStone out at 2:12 p.m. ,

· Mr. Warren noted that 60 acres across the street on SW 11Oth Street has been rezoned in the last 10 years to low density residential and requested the subject property also be changed to low density residential. He further noted that the roads are not substantial to hold up to that kind of traffic, as SW 11Oth Street is a slag road. . Chairman Zalak advised that public comment is now closed. Mr. Tillman referred to the Proposed Concept Plan that was submitted and is included in the Agenda packet, which shows access out to Highway 484, as well as SW 110th Street. He stated if improvements are required at SW 11Oth Street at the time of development

. because the road is substandard itwill be something the county will require. Commissioner Stone returned at 2:14 p.m. In response to Chairman Zalak, Mr. Tillman advised that he did not go out and visit SW 11Oth Street and cannot tell the Board whether or not the road appears to be substandard.

, Chairman Zalak noted the Traffic Study will address the roads. ML Bouyounes stated SW 110th Street is an old slag road and opined that the surface was chip sealed a few years 'ago. He stated the road will be considered when the property is developed.

Page 1336, Book V

. December 20, 2016

· Commissioner Bryant inquired as to what will be done around the exterior of the property. Mr. Tillman opined that this property does not have a Dunnellon address. He referred to the map (shown on the overhead screens) and pointed out the property already

· designated as High Density Residential.and the pieces adjacentto anybody behind it are Low Density Residential, which is not being asked for an increase in density. The increase in density is being asked for 'property adjacent to the urban residential and the commercial. Commissioner Bryant referred to the' map on the screen and directed the applicant to explain exactly what was going where and what the zoning already is, for the benefit of all parties involved. Mr. Tillman referred to the high density residential region, which currently has' that land use. The request is to change the portion below that to an Employment Center and High Density Residential. He pointed out the existing Commercial area. Commissioner Bryant noted there is a parcel between the SUbjectparcel and Mr. Warren's property. Mr. Tillman concurred; noting they are going to be required to provide buffers for regions adjacent to those neighbors because of the difference in densities. Commissioner Bryant inquired if the whole piece is high density as it 'sits. Mr. Tillman stated that is correct.

. Commissioner Moore addressed the comment in regard to high-rises. IVIr. Tillman stated the buildings will be 50 feet (in height), but are not high-rises. He noted this Item is for transmittal and statements will be received from the Department of Transportation (DOT). that talk about traffic and those issues will have to be addressed at the next hearing.. A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve transmittal of Large Scale Comprehensive Plan Amendment No. 16-L08; agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the land use -change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS} and the Marion County Comprehensive Plan. The motion was unanimously

· approved by the Board (5-0).

14A7. 161207Z - Manuel Olivier, USA Ymor Lime Investments LP, R-1and B-2 to PUD, 70 Acres This matter was addressed with Item 14A6 (16-L08). The Board will address this matter on Tuesday, February 21,2017 at 2:00 p.rn. following the adoption consideration of concurrent Item 14A6 (Amendment 16-L08) also scheduled for February 21,2017 at2:00 p.m. .

14A8. 16-DT6 - Manuel Olivier, USA Ymor Lime Investments LP, Developer's Agreement · Termination & Expiration Acknowledgement, 60 Acres . This matter was addressed with Item 14A6 (16-L08). The Board accepted public comment for this item, but will address this matter on Tuesday, February 21,2017 at 2:00 p.m. following the adoption consideration of concurrent Items 14A6 (Amendment 16-L08) and 14A7 (Rezoning 161207Z) also scheduled for February 21,2017 at 2:00 p.m.

148. Planning and Zoning Items for Individual Consideration: 1481. 16-L07 - Southeast Consulting Services, Inc. and Karon and Mario Zacco, Medium Residential to High Residential, 102.36 Acres

Book V, Page 1337

December 20, 2016

. The Board considered the Large Scale Comprehensive Plan Amendment by Southeast Consulting Services, Mario & Karon Zacco (owners) I J. DavidTlllman, PE (applicant), 8680 SW Highway zoo.oess. FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from A-1 to PUD on approximately 65 acres of Parcel Account Nos. 35699-004-00, 35695-032-00 (pt), and 3569.5-032-02 (pt) from Medium' Residential to High Residential. (Ed. Note: pt is the abbreviation for portion.)

WRITTEN OPPOSITION WITHIN 300 FEET 23 of41 = 56%. . PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lourenco, seconded by Mr. Gaekwad to disagree with staff's findings and recommendation, and recommend denial based on the following findings of

. fact: 1. Will adversely affect the public interest. 2. Is not 'consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surrounding land uses. The motion passed 5 to O.

Senior Planner Chris Rison, AICP, Growth Services, advised that Items 14B1 (16-L07), 14B2 (161008Z) and 14B3 (16-DT5) are a combination of a largescale comprehensive plan amendment, a rezoning request and DT5 is a provision to discontinue the requirement for a Developer's Agreement for the site, which was a prior CPA request. . This request represents the culmination of this general process and the applications are running concurrently, so today will be the decision day. The subject site is located off SW 60th Avenue, on the western side.·A portion of the property (65 acres) is proposed for High Density Residential, which is currently Medium Density Residential. That area was reduced from the original site that overall was a 102 acre parcel. Growth Services staff recommend approval of the land use amendment, as it will allow for higher densities around the major intersection, which already features 115 acres of commercial

'- development, as well as other high density areas and will become a long term connection to an Interstate interchange. This is expected to be somewhat of a downtown activity center for this portion of the SR 200 triangle. A number of services are available within the area and the project will be on central water and sewer utility operations, as part of that performing node. Additionally the request, which is a zoning case, actually proposes a multi-family form of development that is limited in this region. Approximately only about 48 parcels. have a multifamily identification by the Property Appraiser's Office, some of those are actually lots within existing subdivisions where they have a home and a guest residence on the property. The whole area currently is approximately 16 square miles and 10,000 acres, of which .about 3,400 are yet undeveloped projects and another 10,000 parcels are already existing developed single family parcels with another 1,800 vacant at this point in time; for a total of roughly'16,000 single family lots in thisarea alone, which is a very uniform development pattern. . . . The request for the rezoning case (Item 14B2 - 161008Z) will provide for a mixed use

.development; limiting townhouses to the northern portion of the site and villa residential units to the south, which is a more up-to-date style product that has been coming in utilizing centralized services and. providing communities for development. The Master Plan provided has been updated, as well as additional buffering information for Countryside Farms and Cherrywood Estates Subdivision projects. This includes a shifting

Page 1338, Book V

Decernberzu, 2016 '

of the buffers along Countryside Farms where a proposed wall will be on the 'outer , boundary and was part of Board discussion at the October, 2016 meeting. A 1O-footbuffer is also proposed along the Cherrywood Estates Subdivision with, a 6-foot vinyl privacy' fencealonq the interior side of that buffer. ' In relation to the Developer's Agreement (Item 14B3 -16-DTS)'most of the items brought up in that agreement have beenaddressed through the PUD. Theone outstanding item

, that is of concern is whether or not connection will be provided to the undeveloped parcel to the south, which does have access on SW tooth Street. Staff recommends that some

, ­.access should be provided through this project; however, that is hot a requirement that the Board has to follow through on and can let it sunset. Overall; Growth Services staff, is, recommending approval of the CPA for the 65 acre change, the PUD rezoning for the 102 acres and the termination of tbeDeveloper's Agreement requirement. The PUD rezoning does have a series of Conditions. David Tillman, Tillman & Associates Engineering, LLC, SE 16th Avenue,representing the applicant, advised .that there is not a lot of multifamily within this region. He noted Mr. 'Rison made- a great point in regard to the future interchange at 9Sth Street, as it is something that will eventually occur and will be somewhat of a hub. It makes sense to apply density within these regions. ' One of the points, as depicted ih the aerial showing what is adjacent to the subject site­(as shown on the overhead screens) is that there is no one next to the high density portion of this development. The high density portion is not located next to someone that is already there. Thehiqh density portion was pulled away to put separation between the two types of development (Le., single family and higher density multifamily). This was done intentionally to provide a transition and buffer in between those communities that are adjacent to this site. Mr. Tillman opined that the layout makes great sense, noting they worked on the buffers based on comments that were expressed at the last meeting. He noted the multifamily is close to SOO-feet away from the next closest residence in either Countryside' Farms or Cherrywood Estates, which provides a significant distance. Mr. Tillman advised that he will address public comments' once that portion has been closed. - ' Chairman Zalak opened the floor to public comment. Sarah Jane Hoffman, SW 93rd Street Road (Countryside Farms), advised that she serves on the Countryside Farms Board of Directors and Treasurer of the Homeowners Association (HOA). She' acknowledged that Michael Benner, President of the HOA, who addressed the Board at the October, 2016 meeting, has passed away; and their lawyer is in West Marion Hospital. In response to Ms. Hoffman, Mr. Rison opined thatshe is referring to the surrounding_ property owners notice where staff tried to identify that there are 3 different activities going on at the site. The shaded area is the plan amendment portion and the dashed boundary surrounding the whole property recognizes whatthe PUD and the Developer's Agreement termination would apply to; and multiplies multiple things,' which is why there are different boundaries and different densities. The difficulty is that they are working ina black and white environment and cannot have a variety of color for those maps. Ms, Hoffman inquired if the blank area will still be the villas. Mr. Rison concurred, noting the designation will stay Medium Density Residential and will be part of the PUD of the' overall development. He stated it will be the villa development pattern in, that area. Chairman Zalak clarified that a PUD is what is being considered. ' '

BookV, Page 1339

.. DecembSr20,2016 . <

Ms. Hoffman noted she and her late husband had spoken to the Board many times over the past. 10 plus years. She advised that she felt that Commissioners listened to constituents and were able to come to agreements that were agreeable on all sides. Ms. .Hoffman stated the Zacco's came before the Board in 2008 and asked for Medium Density Residential, which was approved. The Zacco's are now reneging ,on that and want High

, Density Residential, which is clearly not compatible with the surrounding area. She stated not only is the request not compatible, but there is no need for high density in this area. Ms. Hoffman referred to the land use designations and pointed out areas where high density has already been -approved. The latest statistics of the Southwest Corridor Subdivisions shows there are already 2-1,780 platted lots approved and at 2- plus cars per home, adds more than 43,560 vehicles on SR 200.' She requested the whole plat be platted out as was done for Larry Roberts' property (off SR 40) in October, 2016 and that the-part of the Developer's Agreement in regard to vehicle access remains. Ms. Hoffman advised that an Aqreernent was signed in 2008 by IVIr. Zacco in regard to the wall, which specifically addressed what he and CSF agreed to in Countryside Farms. Chairman Zalak stated part of the problem is that the Developer's Agreement was never executed and is non-existent. Ms. Hoffman presented an email regarding the Zaco Property, which was signed by Mr. Zacco. Chairman Zalak clarified that this is someone's interpretation, or someone wrote this down, but it is not -the signed document. Ms. Hoffman stated this was turned in to the Commissioners and advised that Mr. Larkins, who wrote the email, is deceased. In response to Chairman Zalak, IVIr. Rison advised that a letter from Mr. Zacco indicated his willingness to do certain things regarding the wall, which staff is looking to integrate into the Conditions that are recommended for the PUD zoning case. He referred to Exhibit "G", which is part of the Agenda packet materials (pages 841 & 842 of 1064) and last pages of the Staff Report. Chairman Zalak asked if there is anything in the agreement that is different. Mr. Rison opined-that staff captured everything. Chairman Zalak noted this is about 3 things: 1) how this affects the public; 2) whether it fits in the Comprehensive Plan; and 3) compatibility. He stated attacking Commissioners is of no help. Chairman Zalak advised that regardless of who a Commissioner says hello to will not affect the judgment of this Board of County Commissioners. He asked that -speakers speak to the items being considered today. Elizabeth Mitchell, SW 98th Loop, stated she will pass, as she is not ready to speak at this time. . Bonnie Clark, SW 59th Circle (Cherrywood), referenced the Petition that was filed on September 24, 2016 that showed strong opposition in regard to Items 14B1, 14B2 and 14B3. She stated residents understand future development, as well as the rights of the developer and owner to make a profit, but strongly believe that their right to develop does not void residents rights to stable property values. Ms. Clark stated residents are for fair and smart development that conforms to the existing 2008 Developer's Agreement that Zoning has reviewed and feels is correct for these parcels; therefore, they stand in agreement with the P&Z Cornrnlssion from their meeting on September 26, 2016. The

. P&Z Commission denied the request for High Density Residential and recommended it remain Medium Density Residential. The P&Z Commission also recommended denial of the zoning, change from A-1 to PUD of the 102.36 acres and recommended a cap on housing to a total of 409 homes for all 3 parcels combined. The P&Z Commission- also denied terminating the Developer's Aqreernent..

Page 1340,-Book V

December 20,.2016

Ms. Clark commented on the provisions addressed by the P&Z Commission relating to CPA 200S-L19, which would remain intact. She advised that Cherrywood residents do not want their property values to drop due to nonconforming housing, yet are aware that their property taxes will continue to increase. All residential property and concerns need to be protected and valued by the Board, as elected officials. Connie Crammer, 6103 SW 9Sth Loop (Cherrywood), requested the Board deny the, requested land use change and not to dissolve the Developer's Agreement between the bank owned properties and the Zacco Corp. property for the following reasons: changing density will result in depreciation of real investmentsthat the over SOD homeowners have entrusted to the BCC to protect; it will set a precedent for continued development for surrounding properties; and there is no determined need. Using logic, there is a better alternative to this proposed non-conforming use of this property that will achieve a housing diversity that is in reality the end goal of the Marion County planning and, development. The alternative is to locate the high,density housing across SW 95th Street Road and across from the Freedom Library. She commented on the need for the Board to take into serious consideration that by allowing nonconforming buildings and developments to be built adjacent to their communities it will not only compromise the safety of aging community members and property values will also be negatively impacted. Ellie Metelits, SW 67th Terrace (Countryside Farms), commented on the number of meetings she has attended in regard to changes and questioned the need for more high density. She addressed the wall, which ends in the middle of her property and asked how that will protect her. Ms. Metelits expressed her objection to high density. Mike Monroe, NE 17th Street Circle, advised that he is here on behalf of business, noting some may know him from the Builders Association. He noted he has worked through the last 7 to S years with a lot of builder/developers and stated one of the reasons they come .before the Board asking for higher density is simply because the dirt is too expensive to develop atthe current density levels. Mr. Monroe stated he is currently living in a high density community, which is one of the best places to get to and from somewhere. He urged the Board to support the project. . ' David McCreight, SW 61st Court (Cherrywood), rebutted comments made by the previous speaker. He advised that the surrounding 'area was zoned medium density when he purchased in Cherrywood and it is not right for them to 'have it changed to high density.. Mr. McCreight commented on law enforcement in the community, the lack of public transit, no recycling for the 700 existing homes in Cherrywood and restricted water use. He commented on the need to reconsider and keep the property at medium density. Chairman Zalak advised that the county offers recycling programs at all 1S recycling centers. Leo Neville, SW 93rd Street Road, advised that he is President of the Countryside Farms Board of Directors. He stated he approves and agrees with all the concerns as mentioned for Countryside Farms. The majority of residents of Countryside Farms are senior citizens and are asking the developer to give them consideration to best keep their privacy and security. Mr.-Neville asked for consideration to have the developers extend the wall to go around the entire perimeter of their site.. ­Chairman Zalak advised that public comment is now closed. Mr. Tillman noted one issue that was brought up quite a few times was the location of the wall. He stated when they talked about eliminating the Developer's Agreement it is because they are currently not enforceable. All of the conditions from the Developer's Agreement are being put into the PUD so there is no loss of that language, but is being

Book V, Page 1341

December 20,2016.

transferred from one document to another. The reason for-the location of the 6-foot wall being out on the property line' is that it was an item that-was discussed both at the zoning

. hearing and at the transmittal hearing where the consensus of those people present seemed to be for this location. The Board looked at it for another reason; the fact that this makes the property in between the wall and development the responsibility for upkeep by the developer and project. The HOA will be the one responsible for maintenance; if the wall is put in between.existing property owners and their property line it creates a difficult area for someone to go out and maintain. Mr. Tillman stated they are agreeable if the Board wants to move the wall back to the middle to work it through the trees and maintain .:' existing vegetation. He noted the reason the P&Z Commission made the recommendation to not eliminate the Developer's Agreement was because they denied the other 2 requests. Mr. Tillman opined that the wall issue can be resolved, noting they do not want to eliminate it as it was part ofthe original package they agreed to and noted it will not have an impact to lower property values. He noted it has been the will of the Board in the past to not raise the millage rates. Mr. Tillman stated the layout used is very specific to keep,multifamily away from adjacent neighbors.' . In response to Chairman Zalak, Mr. Tillman stated he does not know what the difference in density between the subject site and Cherrywood: Mr. Rison noted Cherrywood is 4 units per acre. Mr. Tillman stated overall, the subject site is 6.1 .units per acre, which includes the higher density blended in. He stated the lot size is 40-feet wide and opined that Cherrywood is 60-feet wide. Mr. Rison advised that the minimum lot size in Cherrywood is 70-feet, noting some lots are larger, as they vary in size and noted some lots may-actually be 60:-feet wide. _ Chairman Zalak inquired as to access. Mr. Tillman noted comments were made in regard to the parcel to the south, which was discussed at the transmittal hearing and advised that the parcel has access out to SW 100th Street. He stated they wanted to make the connection to Cherrywood Estates as an emergency only access, which will be a gated facility so that there will be no In and out traffic. Mr. Tillman noted that traffic was brought up several times and referred to the Department of Economic Opportunity (DEO) where DOT made the-statement that there is no negative impact from this development. Mr.. Tillman addressed the comment about the wall ending in the middle of a property and advised that unfortunately, theydid not own the other property and had to stop the wall. He noted Mr. Monroe is correct in that the property was' bought at the peak and are now trying to make a project that will function well here.as well as provide more density without putting that density on top of neighbors. Chairman Zalak asked if the property owner is willing to give an' easement to put a wall on the back of her parcel would they finish the wall. Mr. Tillman stated they would agree to finish the wall on the back of the property line. Commissioner Moore noted the purpose of growth 'management is to maximize efficiencies; to basically provide the most law enforcement, fire services and other services to people, as well as limiting urban sprawl. He asked staff to address how the -2011 Growth ManagernentAct that the county is now bound by affected or changed things from 2008. Mr. Rison opined that the standards addressed earlier were setout as to how the wall would be provided and designed. He noted that was where staff tried to incorporate those provisions within the conditions recommended as part of the PUD. The provisions of the Growth Management Act that are out there; the Comprehensive Plan Amendment talks about having higher densities at key note areas and having diversity of

Page 1342, Book V

December 20,2016

housing types. In the Growth Management Act there is reference in regard to urban sprawl rules and provisions that say this is a symptom of sprawl, as well as ways to avoid' creating sprawl. Mr. Rison noted this would be a key factor in preventing urban sprawl.' " Commissioner Bryant stated while she respects the work that Mr. Tillman has done, there are a couple of comments that need to be made. Surrounding property owners should not have to be forced to deal with the fact that the developer made an investment at the height ofthe market and; therefore, he now has to maximize his investment by increasing the density that he agreed to in 200$. A motion was made by Commissioner Bryant, seconded by Commissioner Stone,to deny Large Scale Comprehensive Plan Amendment No.: 16.,L07, disagreeing with Growth Services staff and agreeing with the P&Z Commission recommendations, based on findings that the land use change will adversely affect the public interest, is not compatible with land uses in the surrounding area, is not consistent with Chapter 163, Florida, Statutes (FS) and the Marion County Comprehensive Plan. Chairman Zalakasked if it was a unit count that Commissioner Bryant did not like, noting it is much better to doa PUD and get these elements that the citizens would like versus "not. Commissioner Bryant noted the density is increasing by 200 units by going from medium density to high density. ' Chairman Zalak inquired as to the underlying zoning classification if the PUD is not approved. Commissioner Bryant noted the majority of the zoning isA-1. Chairman Zalak inquired as to the land use. Mr. Tillman stated the land use is Medium Density Residential. Chairman Zalak stated the property owner has to be given a matching zoning for a land use. Commissioner Bryant noted the request is for High Density Residential. In response to Chairman Zalak, Mr. Minter advised that the zoning has to be consistent with the,land use. He stated if there is no consistency then the county either has to modify the land use or the zoning. In regard to the land use, it was established a long time ago that the future land use map is exactly that, a future land use map, so that the idea is that just because one has a future land use of maximum density does not mean that the property owner is entitled to that maximum density immediately. The zoning cannot be more intense than the land use,' but it can be less intense than the land use. Commissioner Bryant noted that at the moment, the Board is only dealing with this application. Chairman Zalak concurred and stated 'if the Board denies this today, then the owner can come back and ask for a medium density match. Comrtrissioner Bryant stated she does not have to approve medium density without a PUD. "Chairman Zalak opined that the county would lose in court if it did not give the developer some matching zoning. Mr: Minter stated they are entitled to have some zoning that corresponds to the land use. Chairman Zalak stated if the applicant had straight zoning they would not be required to put in a wall and many other issues. Commissioner Moore agreed that this affords much better protection. Chairman Zalak noted the Board has talked about this many times. Commissioner Bryant stated the applicant can bring this back at medium density, noting the people who have lived there have fought for that over the years, " Chairman Zalak called the question. " The motion failed bya vote of 3-2, with Chairman Zalak, Commissioners Moore and Gold voting nay. _ ­A motion was made by" Commissioner, Moore, seconded by" Commissioner Gold, to approve Large Scale Comprehensive Plan Amendment No. 16-L07, agreeing with Growth Services staff and disagreeing. with the P&Z Commission recommendations, based on

Book V, Page 1343 .:

December 20,2016

findings thatthe land use change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County Comprehensive Plan. Oommissioner Bryant opined thatthe Board needs to' address the density. The motion was approved by the Board by a vote of 3-2, with Commissioners Bryant and Stone voting nay.' 0

1482. 161008Z - Southeast Consulting Services, Inc. and Karon and Mario Zacco, A-1 to PUD, 102.36 Acres The Board considered the Large Scale Comprehensive Plan Amendment by Southeast Consulting Services,John Zacco, 8680 SW 0 Highway 200, Ocala, FL, for 0 a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from A-1 to PUD on approximately 102.36 acres of Parcel Account Nos. 35699-004-00,. 35695-032­00, and 35695-032-02.

WRITIEN OPPOSITION WITHIN 300 FEET 23 of 41 = 56%. . PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was

made by Mr. Gaekwad, seconded by Mr. Lourenco to disagree with staff's findings and recommendation, and recommend denial based on the following findings of fact: 1., Will adversely.affect the public interest. 2.' Is not consistent with the Marion County Comprehensive Plan.

o 3. Is not compatible with the surrounding land uses. The motion passed 5 to O. .

This matter was addressed with Item 14B1.(16.-L07). . A motion was' made by. Commissioner Moore, seconded by Commissioner Gold, to approve the Zoning Change from A-1 to B-2, agreeing with Growth Services staff and disagreeing with the P&Z Commission recommendations, based on findings that the

. proposed· use was compatible with the surroLinding land uses, was consistent with the . o Comprehensive Plan and would not adversely affect the public interest. The motion was approved by the Board by a vote of 3-2, with Commissioners Bryant and Stone voting

.nay.

1483. 6-DT5 - Southeast Consulting Service, Inc. and Karon and Mario Zacco, Developer's Agreement Requirement Termination The Board considered the request by Southeast Consulting Services, Inc. and Karon & Mario Zacco to terminate the requirement for a Developer's Agreement as related to Comprehensive Plan Amendment 2008-L19 on PID#s 35695-032-00, 35695-032-02 and 35699-004-'00; generally located along the. south side of SW 95th Street Road, approximately 1/4.to 1/2 mile west of SW 60th Avenue and SW 62nd Avenue Road, respectively; totaling ±102.36 Acres.

WRITIEN OPPOSITION WITHIN 300 FEET 23 of 41 = 56%. PLANNING AND ZONING COMMISSION -RECOMMENDATION: Motion was made by Mr. Gaekwad, seconded by Mr. Lourenco to disagree with staff's findings and recommendation,· and recommend denial based on the following findings of fact: 1. Will adversely affect the public interest. 2. Is not consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surrounding land uses.

.Page 1344, Book V

December 20,2016

The motion passed 5 to O. .. This matter was addressed with Item 14B1 (16-L07). A motion was made by Commissioner Moore, seconded by Commissioner Gold, to terminate the requirement for a Developer's Agreement as related to Comprehensive Plan Amendments 2005 (05-L44 & 05-L45) and 2008 (08-L19) on PID#s 35695-032-00, 35695-032-02 and 35699-004-00; generally located along the south side of SW· 95th

Street Road, approximately 1/4 to 1/2 mile west of SW 60th Avenue and SW 62nd Avenue Road, respectively; totaling ±102.36 acres. . Commissioner Bryant clarified that the vote to terminate the Developer's Agreement is because they are no longer enforceable. Chairman Zalak concurred. The motion was unanimously approved by the Board (5-0).

1484. 161203SU - Patricia Douglass, Special Use Permit in R-1, 4.6 Acres The Board considered a petition by Patricia Douglass (owner) / Bert Meadows (applicant), 590 NE 63rd Street, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for keeping livestock on property in R-1 zone on approximately 4.6 acres of Parcel Account Nos. 15137-000-00 and 15137-000-01.

PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 7 of 13 =54%.· PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Bailey, seconded by Mr. Lord to agree with staff's findings and recommendation, and recommend approval of the SUP for 3 horses based on the following findings of fact: 1. Will not adversely affect the public interest. 2. . Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 5 to O.

Senior Planner Kim Dinkins, Growth Se-rvices, commented on the Special Use Permit request to keep livestock on 4.6 acres in an R·1 (Single Family Dwelling) district. Staff is recommending approval of the request, but for horses only, with a maximum of 3 horses on the combined parcels. The property is located in the· northeast portion of the county, just east of West Anthony Road and is surrounded by large acreage single family homes and agricultural uses. Notification was sent to 13 neighboring properties and the Board is hearing this matter today as staff received a petition signed by 7 neighbors in opposition, which represents 54%. Concerns are related to the use as general agriculture, which would allow animals, such as goats, swine and cattle. Neighbors are also concerned about dust, runoff and odor from.overstocking horses. The Conditions proposed by staff limits the use to horses only, requires 20,000 square feet of pasture per horse, which will prevent stocking of all horses on the back portion of the property, as it is a major concern of nearby property owners. The Conditions also require best management practices (BMP) for handling manure, dust and runoff. The Special Use Permit will become null if the parcels arenot used-together. Growth Services Department staff and the P&Z Commission recommends approval of the Special Use Permit with the following Conditions:

1. The site shall be developed and operated consistent with the submitted conceptual plan;

2. A maximum of three (3) horses may be kept on the combined properties, with a minimum pasture size of 20,000ft2 per horse. The pastures will maintained using acceptable Best Mariagement Practices to prevent

Book V, Page 1345

December 20, 2016

denuded areas and excessive dust. 3. Animal waste shall be removed from the property on a bi-weekly basis,

unless it is spread or composted in accordance with accepted Best Management Practices.

4. The' Special Use Permit is effective for the total 4.6-acre site, and shall terminate if the parcels do not remain together, under the same ownership.

5., The Special Use Permit shall expire on 12/20/2021; however it may be renewed administratively for up to 5 years by a written instrument signed and issued, by the Zoning Manager (or position equivalent to the Zoning Manager at that time), unless: a. There have been unresolved violations of the County Land

Development Code, the County Code of Ordinances, and/or the' conditions of the Permit, .

b. . Neighboring property owners within 300' of the subject property have complained to the County Code Enforcement,. Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or

c. The Zoning 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).

Bert Meadows, Keller Williams Realty, PO Box 3958, applicant, was present on behalf of the property owner and stated the parcel,was listed for sale. He noted the parcel had every indication that it was an agricultural type property, as it had 2 paddocks and a horse barn. Prior to the current owner, the property belonged to a veterinarian who kept horses and all sorts of animals there. Mr. Meadows advised that 'they originally asked for a general agricultural designation, but due to neighbor's concerns, just asked for 3 horses only. . Chairman Zalak opened the floor to public comment. There being none, Chairman Zalakadvised that public comment is now closed. A motion-wasmade by Commissioner lVIoore, seconded by Commissioner Gold, to adopt Resolution 16-R-576 granting the Special Use Permit. with Conditions 1 through 5" agreeing with Growth Services staff and the P&Z Commission, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

1485. 161204SU - Neil Hennessey, Special Use Permit in A-1, 5.02 Acres The Board considered a petition by Neil Hennessey (owner/applicant), 14021 SW 37th

Court, Davie, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a dog training and sports facility in A-1 zone on approximately 5.02 acres of Parcel Account Nos. 31791-017-01 and 31791-017-02.

WRITIEN OPPOSITION WITHIN 300 FEET: 0 of 13 = 0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: The first motion was made by Mr. Bailey, to agree with staff's findings and recommendation, and recommend approval of the SUP based on the following findings of fact: 1. Will not adversely affect the public interest. 2. Is consistent with the lVIarion County Comprehensive Plan.

Page 1346, Book V ,

December 20,2016

3.. Is compatiblewith the surrounding land uses. The motion died for lackof a second. The second motion was made by Mr. Colen, seconded by Mr. Lord to disagree with staff's findings and recommendation, and recommend denial of the SUP based on the following findings of fact: 1. Will adversely affect the public interest. 2. Is not consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surroundinq land uses. The motion passed 4 to 1 with Mr. Bailey dissenting. The board was concerned about the road.

Senior Planner Ken Weyrauch, Growth Services, commented onthe Special Use Permit request to operate a dog training and sports facility-in an A-1 (General Agriculture) zone. The owner/applicant requests to build a business for one-on-one training with dogs during the day and group training inside of a building he is proposing be constructed in the evenings. The applicant will hold competitions and activities, to include: agility, flyball, Frisbee and aquatics. The site is designated as rural lands and contains 5.02 acres. Staff notified 13 property owners and received no letters of opposition; however, during the P&Z Commission meeting this item was asked to be pulled as there was a question in regard to maintenance of the dirt road. He noted that since that meeting,- the applicant and neighbor havereached an agreement for the applicant to help pay for maintenance of the road. The P&Z Commission recommends denial; however, Growth Services Department staff recommend approval of the Special Use Permit with the following Conditions:

1. The site shall be operated consistent with the submitted conceptual plan and conditions as provided with this approval.

2. This Special Use Permit shall run with the applicant (Neil Hennessey) and not the property. .

3. The owner/operator, Neil Hennessey, shall reside on site. 4. Business hours shall be limited to 9am to 7:30pm during the week. 5. . Business hours shall be limited to 9am to 5pm on Saturdays. 6. Competitions will be limited to 30 dogs and once per quarter (max 4 per

year) by Special Event Permit only. 7. Daytime classes shall be limited to 4 dogs per day for 1 on 1 training. 8. Instructional classes in the evening shall be confined to indoor training and

li .mute"t dto a maximum 0f8dogs per day. Daytime 1·on 1 instructional classes

. (4 classes a day) Maximum 1 dog perclass (4 classes)

Evening group instructional classes (1 class per day)

Maximum 8 dogs per evening

Total: Maximum of 12 dogs per day 9.· All dog waste shall be collected daily and removed from the site biweekly. 10. Parking shall be provided onsite. 11. 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.

12. Outdoor kennels or outdoor boarding of dogs shall be prohibited, except during.times of active instructional classes.

13. No commercial sales of dogs/puppies shall occur on-site.

Book V, Page 1347

December 20,2016 _

14. The Special Use Permit shall expire/terminate if there is a division and/or subdivision of the two lots that make up the subject property.

15. The Special Use Permit shall expire December 20, 2021; however the applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future.

Neil Hennessey, SW 37th Court, Davie, applicant, was present and asked for permission to be able to train performance dogs. He stated he wants to put in a pool to train dogs to jump into the water; train dogs in Frisbee and outdoor sports (agility); and eventually construct a building where they can do "indoor alley" and group classes. Training during the day will be one-on-one, so there will be limited noise and up to 8 dogs will be trained indoors in the evening, which will also limit the noise. Mr. Hennessey advised that he has spoken with all the neighbors to address any problems, as they want to be good neighbors and not upset anyone. Chairman Zalak opened the floor to public comment. There being none, Chairman Zalak advised that public comment is now closed. A motion was made by Commissioner Bryant, seco-nded by Commissioner Moore, to adopt Resolution 16-R-577 granting the Special Use Permit with Conditions 1 through 15, agreeing with Growth Services staff and disagreeing with the P&Z Commission, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

1486. 16-S10 - Kirk Boone, Trustee, lVIedium Density Residential to Commercial, 9.99 ~~ ­

The Board considered Small Scale Comprehensive Plan Amendment No. 16-S10 by Kirk Boone, Trustee (owner) / Edward Abshier (applicant), PO BOX 3988, Ocala, FL, for a land use change, Articles 1, 2 and 3 of the Marion County Land Development Code from Medium Density Residential to Commercial on approximately 9.99 acres of Parcel Account No. 39278-003-00.:

WRITIEN OPPOSITION WITHIN 300 FEET 0 of 81= 0%. PLANNING AND ZONING COMIVIISSION RECOMMENDATION: Motion was made by IVIr.L.ord, seconded by Mr. Lourenco to agree with staff's findings and recommendation, and recommend approval of the land use change based on the following findings of fact: _ 1. Will not adversely affect the public interest. 2. Is consistent with the Marion County Comprehensive Plan. 3. Is compatible with the surrounding land uses. The motion passed 5 to 0:

Senior Planner Chris Rison, AICP, Growth Services, advised that the Items -14B6 and 14B7 will be addressed together,. as they are companion items; one is a CPA and a companion rezoning. This will be the adoption for both the plan amendment and the rezoning requests. . Mr. Rison commented on the small scale CPA request for the southwest corner of the intersection of the new Bell~view Beltway and Highway 25. The applicant is requesting a commercial land use designation and staff is recommending approval. This will be the minor community commercial node surrounding the area going west out from Belleview towards the rural type area of Ocklawaha and Weirsdale, and the recreational amenities of Carney Island. The more major or regional commercial nodes are actually where the

Page 1348, Book V

December 20; 2016

beltway intersects with US Highway 41 to the south and Highway 35 to the north in the Commerce District area along Highway 35 to the north in the Silver Springs Shores area. Staff is recommending approval of the commercial designation. The applicant has requested a commercial- zoning of B-4 (Regional Business) from A-3' (Residential Agricultural Estate); however, staff has a concern and recommends that B-2 (Community Business) be granted and deny the B-4 zoning change. The P&Z Commission agrees with staff in terms of recommending approval of the B-2 and deny the B-4, which allows for some extensive outdoor storage type uses that are of concern for staff. The Staff Report provides a comparison table showing the B-2 versus the B-4 zoning Classifications. Growth Services staff and the P&Z Commission recommend approval of the small scale land use amendment. -­Ed Abshier, SW 111th Street, Belleview, applicant was present on behalf of the property owner. He referred to the map shown on -- the overhead screen and noted most of the property surrounding the subject site is also owned by Mr. Boone. Mr. Abshier stated there is only -1 nelqhbor that abuts the subject property where the rezoning is being requested. He described the surrounding area and where they negotiated with the county for a right in/right out and left turn lane into this parcel. Mr. Abshier advised that they have spoken to a few people about leasing the property, noting one is a commercial storage building place, where pre-fab buildings are displayed, which does require B-4 zoning. He requested the Board to grant the B-4 zoning chanqe. Chairman Zalak opened the floor to public comment. There being none, Chairman Zalak advised that public comment is now closed. Commissioner Gold inquired as to the completion date of the other Loop. Mr. Bouyounes stated it is in the final stages of paving and should probably be completed by the end of January, 2017. County Engineer Tracy Straub advised that the contractor has expedited some efforts in regard to the 92nd Loop job; however, they are not scheduled to be completed until February of 2017. In response to Commissioner Gold, Ms. Straub stated that with the rain days, the contractor is still within their contract window; Mr. Bouyounes advised that the county will schedule a ribbon cutting when the project is done, noting Ms. Straub is working on some dates. . Chairman Zalak commented on the BA zoning classification and noted what has typically been done in the past, is that the Board will approve the zoning and if the applicant wants to come back for a Special Use Permit, which he opined is better than- granting the B-4 permanently. A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve Small Scale Comprehensive Plan Amendment No. 16-S10, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the land use change will not adversely affect the public interest, is compatible with the surrounding land uses, is consistent with Chapter 163, Florida Statutes (FS) and the Marion County -Comprehensive Plan. The motion was unanimously approved by the Board (5-0).

1487. 1.61208Z - Kirk Boone, Trustee, A-3 to B-4, 9.99 Acres The Board considered a petition by Kirk Boone, Trustee (owner) / Edward Abshier (applicant), PO BOX 3988, Ocala, FL, for a Zoning Change.Articles 2 and 4, of the Marion County Land Development Code from A-3 to B-4 on approximately 9.99 acres of Parcel Account No. 39278-003-00. .,

Book V, Page 1349

December 20,2016

WRITIEN OPPOSITION WITHIN 300 FEET Oof 81 = 0%. PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was

. made by Mr. Lord, seconded by Mr. Colen to agree with staff's findings and recommendation, and recommend denial of the B-2 zoning based on the.following findings of fact: 1. Will adversely affect the public interest. 2. . Is not consistent with the Marion County Comprehensive Plan. 3. Is not compatible with the surrounding land uses.

This matter was addressed with Item 14B6 (16-S10). Both Growth Services staff and the P&Z Commission recommend denial of the Zoning Change from A-3 to B-4, but support a Zoning Change to B-2. A motion was made by Commissioner Gold, seconded by Commissioner Stone, to approve the Zoning Change from A-1 to B-2, agreeing with Growth Services staff and the P&Z Commission recommendation, based on findings and recommendations that the proposed use will not adversely affect the public interest, is consistent with the Comprehensive Plan and is compatible with the surrounding land uses. The motion was unanimously approved by the Board (5-0).

1488. 161209RA - Nathan and Deborah Brooks, Request for Reasonable Accommodation The Board considered a request by Nathan and Deborah Brooks, 2425 SW 140th Court, Ocala, FL 34481, for a Reasonable Accommodation under the Fair Housing Act, for the opportunity of neiqhborinq 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 miniature horses on the subject property, and what reasonable conditions might improve the effect of those situations, in an R-1 zone on approximately 0.23 acre of Parcel Account No. 2001-018-015. Growth Services Director Martsolf gave a brief history of the two Reasonable Accommodations (RA) that have been granted so far in Marion County, noting both have been for pigs as therapy animals for children and were accompanied by a physician's letter indicating the illness and whaLtherapeutic benefit the animals provided. BothRA's were approved with Conditions addressing how and where the animals were to be kept: This matter is the first time for a RA hearing for a service animal. The Americans with Disabilities Act (ADA) has 2 types of animals that are service animals; the dogs, that most people are familiar with and in 2011 they included_ miniature horses' under that classification.

'. The requirement for service animals is that they perform a service. Mr. Martsblf advised that staff has been provided with evidence that the miniature-horse in this case does brace its owner by providing support and balance to the owner. The miniature horse also picks up dropped objects for the disabled owner, as well as opens doors and pulls the wheelchair, if necessary. The property is located in Rainbow Park, a residential subdivision, with 1/4 acre parcels

: that are zoned R-1. Part of the guidelines for the miniature horse as service animals is that they must be the smaller variety (24-inches to 34-inches in height and 70 to 100· pounds), which is a general guideline. Mr. Martsolf noted this matter came before staff as a Code Enforcement case, as there were complaints from neighboring properties primarily in regard to odors associated with the miniature horse. The property is owned by Deborah and Nathan Brooks, but is

Page 1350, Book V ­

December ?O, 2016 ,

believed to be occupied by Stephanie Roberts, as she is the person Growth Services staff has been talking to about this matter. . > '

During the investigation ofthe Code,Enforcement case, an additional horse was brought . , to the property. Mr. Martsolf advised that when he spoke to Ms. Roberts about the second

horse, she stated the horse was in training to be a service animal: It was later learned that Ms. Roberts owns a training company for service animals; both dogs and miniature horses, called "Procyon Training". He noted Procyon Training has a website and some excerpts-are included in the Agenda packet. Mr. Martsolf stated Ms. Roberts hasindicated that the individual with disabilities who

, needs the miniature horse does reside on the property. He advised that the Growth 'Serv,ices Department is recommending approval upon observance of the following Conditions: ' '

1. The single miniature horse, service animal, shall be allowed on the 0.23 acre .slte, No additional miniature horses will be allowed.

2. The applicants shall provide animal enclosure structures _suitably -constructed and anchored/tied-down to prevent escape..

3. If the miniature horse enclosure shall be restricted to the northern 2/3 of the rear yard of the property.

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

5. The special use permit shall run with the applicant, namely Stephanie Roberts or the owner/handler who receives the service from the service animal and resides on the property and not the property.

6. The Special Use shall expire upon the removal of the miniature horse service animal on the subject property.

Mr. Martsolf noted the Conditions offered would remove the horse to the northern 2/3rds of the rear of the property, which will be as far away from immediate neighbors as staff felt was needed. Condition NO.4 addresses, animal waste should be removed twice a week, not bi-weekly. Staff also looks to limit this RA for the single horse that provides a service to the disabled individual living on the property. Chairman Zalak questioned whether staff will clarify that language in regard to waste' removal. Mr. Martsolf concurred, noting the waste will be removed twice weekly and not bi-weekly. In response to Chairman Zalak, Mr. Martsolf advised that there is no doctor's note included in the Agenda packet. He noted the Act to provide public accommodation need only ask what the service is that the animal provides, which is really only necessary if not obvious. Mr. Martsolf stated he did ask the, question, but was told that they are not required to provide that information. Mr. Minter opined that some kind of indication can be asked from professionals that an accommodation is needed. Chairman Zalakasked if that information was not needed,

, noting the last 2 cases included medical documentation. -Stephanie Roberts, SW 140th Court, applicant, advised that therapy animals require medical documentation for a Special Use Permit; however, a service animal 'under ADA does not. The' Internal Revenue Service (IRS) sees service animals as a piece of durable medical equipment and is an honor code, there is no official registration for a service animal; therefore, there is no compulsion to provide medical documentation. .Chairman Zalak inquired as to the difference in a service animal and therapy animal. Ms: Roberts stated a service animal has to have a trained task and be trained to mitigate the

Book V, Paqe 135.1

December 20,2016

disability; however, a therapy animal (also known as (a/k1a) an emotional support animal) needs no training. The ones provided are the bracing of the person's disability, assisting with walking, picking up dropped objects and opening doors, which are" "all trained tasks. Another thing with the miniature service horse, per ADA, is thatit mustbe housebroken. A miniature horse cannot be taken into restaurants if not housebroken. The miniature' horse in this case is fully housebroken. . Chairman Zalak inquired if a service animal can be in any jurisdiction. Ms. Roberts stated that is correct. Chairman Zalak asked if the person needing the service animal resides at the subject location. Ms. Roberts stated what makes it a servlceanirnal.is the disability of the person. She clarified that if she is not diabetic, but has a dog that is trained to detect low blood sugar, then she does not have a service dog because she does not have diabetes. A disability has to be paired with a trained task of the animal. Ms. Roberts stated the other person is her domestic partner and they both reside in the house and the service animal is for her. Ms. Roberts voiced her concern with only having access to 2/3rds of the property. Because the miniature horse is perceived as a piece of medical equipment, by limiting access to that 1/3rd of the property the county is potentially limiting the access of the person who lives in the home to reach that part of "her property when she needs the animal. Chairman Zalak inquired if the county can have reasonable conditions. Mr. Minter opined that the county may be under a different situation here with the service animals than with the therapy animals. Chairman Zalak opened the floor to public comment. Jennifer Bogumil, SE 66th Street, Morriston; advised that she is here as an advocate. She stated she has had a service animal for the last 20 years and has worked with the Department of Justice to develop the ADA in 2010 and again in 2011. The intent of the ADA is to allow a disabled person to enjoy and take benefit of not only their home, but also the general public in the same way as anyone else would. The way that ADA, Department of Justice views it is that a wheelchair can be supplemented for a service dog or horse. She asked if it would be appropriate to ask somebody in their wheelchair to only be able to access 2/3rds of their property because. a neighbor or someone in the community does not like their wheelchair or does not feel that person has the need to said wheelchair. The provision to set up those type of conditions would be paramount of saying that handler cannot go on that part of their property because the horse cannot go there. Ms. Bogumil opined that it would easily be able to be fouqht in the Department of Justice through an ADA complaint, based on other cases she has testified on in court. Mr. Martsolf clarified that his idea was that the animal would not defecate in the 2/3rds area and would not be paddocked for long stays or overnight on that portion of the property and is not meant to restrict the owner from using the horse to access that area. He noted some of the complaints received were in regard to where the manure is being stacked, which does not need to be placed against other residential property owners. Chairman Zalak stated even if the animal defecated somewhere it could be moved, but asked that if they were going to take the miniature horse out, that it be in an area that is .

. a little more controlled. . Ms. Roberts stated they compost and advised that all of the manure is stacked JO the side of the yard by the main road, not by neighbors' property. Chairman Zalak advised that the Conditions will require removal of the waste rather than composting. He inquired if the. 2/3rds has been clarified, noting it was not staff's intent for the horse not to be taken

Page 1352, Book V

December 20, 2016

wherever, but if it was let outside by itself to take care of business that it be located in a certain area. Ms. Roberts agreed and noted at this point if the Commission rules that the waste be removed twice per week then it would negate a lot of the concerns, as it would not be compost. ' Mr. Minter noted that Mr. Martsolf's analysis covered that their recommended approval is for the single horse. Ms. Roberts stated the ADA allows for more than 1 service animal, currently because the animal is in training, it is not covered under the ADA, but is covered under Florida State Laws, which grants service animals in training the same rights as ADA. Mr. Martsolf stated that is not his interpretation of that regulation, noting the Statute issilent. - -. Commissioner Bryant noted the applicant had 1 service animal already and the other miniature horse is in training to go somewhere else. Ms. Roberts advised that the 2nd

miniature horse is currently being trained as another service animal for the same person, , but understands that the horse will have to be removedwithin 90 days. Mr. Martsolf stated

a training facility is just like the case that was heard previously today (Item 14B5), which can be done by Special Use Permit. He clarified that he cannot reasonably accommodate horses in a residential area that are not specifically for what the ADA allows. Mr. Martsolf stated even the training of dogs would be limited to 4. Chairman Zalak commented on the need for a paddock, which is probably an issue in this residential setting, except that it is a service animal. Commissioner Stone questioned whether the ADA" trumps the requirements for paddocking of miniature horses. In response to Chairman Zalak, Ms. Roberts stated the horse mainly lives in the house, . eats hay and grain, crypto aero, alfalfa and has a hay bag. Commissioner Gold' asked if the disability was ever verified and if that requirement has been met. Ms. Roberts stated if it is not an obvious disability,. one may ask what the animal is trained to do. There are 2 questions that may be asked of someone with a service animal: 1) is it a service animal; and 2) what the animal is' trained to do. Commissioner Gold noted those questions have been answered. Douglas Luper, SW 140th Court, advised that he lives directly next to the applicant, noting his biggest concern is with the 1/4 acre lots and assumes that the ADA requirements changes the law for service animals, which normally require more acreage. He stated the applicant now has 1 horse and several dogs in the backyard with a 6 foot to 8 foot runner around the inside of the fence where the horse stays. Mr. Luper commented on issues with flies, which will be helped by the manure removal. He stated this is a residential area and now has several service dogs and several service horses next door. Chairman Zalak inquired as to a limit on the number of dogs one can have and noted training cannot occur there as it is a commercial thing. Mr. Martsolf stated the Code definition for a kennel is 4 or more dogs that are trained. He referred to the comment in relation to a service animal being equipment, noting the ADA does not consider them . pets, so they do not even fit under the household pet definition in the county's Code, which is all that is allowed in R-1 zones. There is nothing legal about the miniature horse or training business being operated out of that residential area were it not for these ADA provisions. ' , Commissioner Bryant asked about the service dogs and whether the traininq operation for service dogs being run out of the residence is legal. She noted the applicant can.have the service dogs' if they are actually being used and inquired if there is a limit as to how many service animals 1 person-can have under the ADA. Mr. Martsolf stated he did not

Book V, Page 1353

December 20,2016

see a limit to the number of service animals; there just has to be a nexus between the disability and what the animal does for that disability. In response to Chairman Zalak, Mr. Minter stated he does know the answer. Louisa Barton, NE 30th Court, stated 'she works for the Ocala/Marion County Chamber and Economic, Partnership (CEP), as the Assistant Director of Business Attraction/Director of Equine Engagement, and noted horses are of great interest to her as she has owned one all her life. She commented on the miniature horse, which sat in her lap and stated space is not a problem as they are smaller than most German Shepherds. Ms. Barton opined that what these people are doing with miniature horses is very important. She stated she has big questions for anybody that has any issue whatsoever with people training animals to help others. Ms. Barton further opined that the miniscule piles created by the miniature horses cannot possibly be doing as much as the cows and horses in the surrounding area. General discussion ensued. Chairman Zalak advised that public comment is now closed. Commissioner Bryant advised that she understands the whole service animal aspect of this and the applicant said she has other dogs and would like to clarify that a business is not being operated out of the home. Ms. Roberts stated she goes to other people's homes and help them train service animals. She advised that is her business address and is where she does all the typing of notes. Commissioner Bryant clarified that the applicant is not bringing other animals to her residence to keep and train. Ms. Roberts stated she does not train more than 3 animals at a time, noting Mr. Martsolf addressed the kennel definition as the need if there' are 4 or more dogs, 4 months orolder that she receives compensation and/or income from. She stated she does not pull more than 3'dogs in at a time. Commissioner Bryant stated she would think that would be for one's own personal dogs, not running a training,business out.of the home. Chairman Zalak inquired as to how many animals are needed for the person that is disabled. He restated the question to ask how many animals are owned by her or are in that household for her use. Ms. Roberts stated the individual has 3; one that is a retired service dog that has recently gone blind and is now considered as a pet; a 9 month old dog that is replacing the retired service dog; and a miniature service horse. In response to Commissioner Bryant, Ms. Roberts stated she has a service dog named Penny Rose, a pet named Alice; Echo, who is a post-traumatic stress disorder (PTSD) 1~1/2 year old Australian cattle dog; and Scout, a puppy that she is training for a 5-year old boy with Autism. Commissioner Bryant inquired as to the Australian Shepherd. Ms. Roberts stated' he is going to a woman who suffers from domestic violence. Commissioner Bryant advised that she totally respects what the applicant is doing, but unfortunately, she is living in a very tight, close, residential area and the Board has to make sure that she is remaining within the confines of the law. The Board also has a responsibility to protect surrounding property owners and is why they need clarification on these things to determine what must be done here today. Commissioner Gold inquired as to the second horse. Ms.. Roberts stated he was supposed to be a miniature horse to assist her companion when the other horse, a mare, goes into season. Commissioner Gold asked if the 2nd service animal (miniature horse) will ever be sold to anyone else. Ms. Roberts concurred; noting if the horse in training leaves it is because he will be "washed out", meaning he is unable to make it as a service animal.

Page 1354, BO,ok V

· December 20,2016

Mr. Minter referred to Florida Statutes (FS) 413.08 and stated he sees nothing about having a separate training facility. The Statute states that any trainer of a service anima' while engaged in the training has the same rights and privileges to access a public facility as a disabled person. He noted the Board is not discussing the access of a public facility and does not see anything in FS 413.08 that talks about the exact situation being dealt with in this hearing, as far as how many animals can be trained on residential property right now. . Commissioner Bryant stated she would like to get down to how many animals can be at the house. Chairman Zalak noted they have to figure out if they can restrict it first. Commissioner Bryant stated they already know that the one horse is allowed. Chairman Zalak stated the 1 dog is also allowed, noting there are about 8 animals at the residence. Commissioner Bryant advised that she was trying to figure out the business end of it, because the applicant is conducting business, not just the billing and all that, but bringing animals back to the house for training, which changes the perimeter ofwhat is being done there. She stated she is trying to figure out what is and is not allowed by law. ' Mr. Martsolf stated kennel is the only thinq that refers to any commercial operation involving a dog, which reads: Any place or premise where 4 or more dogs or cats over 4 months of age are groomed, bred, raised, boarded ortrained for compensation or income. Commissioner Bryant opined that is in a commercial operation. Mr. Martsolf stated it is . the definition of a kennel, and is the only place in the Code that a commercial use of dogs and breeding, etc. is addressed. Commissioner Bryant asked if a commercial use or Special Use Permit is needed. Chairman Zalak stated it does not matter as only 2 of the' dogs are being trained as service animals. He clarified that the other dogs are not under the pet assumption in the Code, they are service dogs and do not count. Chairman Zalak stated whether it is the horse or dogs that are actually taking part in either caring of the applicant or her companion that cannot even be considered. They also have 2 dogs that are in training, which is under theA or more dog limit, and there is nothing the county can do. ' Mr. Minter recapped and stated the service animals are like a wheelchair. Chairman Zalak concurred, noting the applicant has 1 dog that is now a pet and 2 dogs in training, for a total of 3 dogs in the house. ' Commissioner Bryant stated she heard something different,noting the applicant has a horse, another service dog that is retired, a 9 month old in training to replace the one that is retired and the applicant personally has 4 dogs; 1 service dog, 1 pet and 2 dogs that fall under compensation or income - Scout and Echo. In response to Commissioner Bryant, Ms. Roberts stated there are a total of 6 dogs in the house, noting 2 are service dogs and are immediately exempt from the count, which means she has 4 dogs; 2 are pets and do not fall under the Statute, so that leaves 2 dogs. She stated she has 2 dogs in the home that she is training to place with people. Commissioner Bryant inquired if that is allowable. Mr. Martsolf restated the kennel definition. In response to Chairman Zalak, Mr. Minter advised that based on what Mr. Martsolf just read, he interpreted that to mean that the applicant has 2 animals that would fall under that category. ­Chairman. Zalak noted the applicant has a lot of animals and would ask, as a courtesy, to please be a good neighbor. , A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the Reasonable Accommodation with Conditions 1 through 5, as amended (see below).

Book V, Page 1355

December 20, 2016

Commissioner Bryant requested the Growth Services Director to clarify what he meant by the northern 2/3rds of the property, as well as changing the language from bi-weekly to twice a week. Ms. Roberts stated she needs clarification and asked if the waste is removed twice a week will .the horse need to be restricted to 2/3rds of the yard. Mr. Martsolf stated that is a good point and opined that if the manure is removed then the Condition can be·eliminated. It was the general consensus of the Board to strike Condition NO.3 and clarify Condition NO.4. Chairman Zalak noted the manure needs to be kept away from the property line and asked staff to add that to Condition NO.4. The motion was unanimously approved by the Board (5-0). The motion approved the following Conditions:

1. The two miniature horses, service animals, shall be allowed on the 0.23 .acre site. No additional miniature horses will be allowed.

2. The applicants shall provide animal enclosure structures suitably constructed and anchored/tied-down to prevent escape.

3. Animal waste shall be removed from the property twice weekly (every 3.5 days) and properly disposed of off-site. At no time may manure be piled or permitted to accumulate on the south boundary of the property.

4. The special use permit shall run with the applicant, namely Stephanie Roberts or the owner/handler who resides on the property and receives the service from the service animal and not the property.

5. The Special Use shall expire upon the removal of the miniature horses, service animals 011 the subject property.

(Ed. Note: The Deputy Clerk received a 9 page handout from staff regarding concerns relating to the proposed Reasonable Accommodation request.)

14C. Adoption of Ordinance 14C1. 16-L07 A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Ordinance 16-44 adopting Large Scale Comprehensive Plan Amendment No. 16­L07, agreeing with Growth Services staff 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 16-44 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA; ADOPTING THE FOLLOWING LARGE­SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE MARION COUNTY COMPREHENSIVE PLAN:

2016-L07, Southeast Consulting Services and Karon & Mario Zacco;

65 +/- Acres; PID# 35699-004-00; 35695-032-00 (pt); and 35695-032-02 (pt)

Medium Residential to High Residential PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR FINDINGS; PROVIDING FOR· APPEALS; PROVIDING FOR SEVERABILITY;, PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE.

Page 1356, Book V

December 20,2016

14C2.16-S10 , A motion was made by Commissioner Bryant, seconded by Comrnlssloner Moore, to adopt Ordinance 16-45 adopting Small Scale -Comprehensive Plan Amendment No. 16­S10, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the land use change will not adversely affect the public interest, is compatible with land uses in the surrounding area, is consistent with Chapter 163, FS and the Marion County Comprehensive Plan. The motion was unanimously approved by the Board (5-0). Ordinance 16-45 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA; ADOPTING THE FOLLOWING SMALL­SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE -MARION COUNTY COMPREHENSIVE PLAN:

2016-S10, Kirk Boone, Trustee; 9.999 +/- Acres;

PID# 39278-003-00 (pt); From Medium Residential

To Commercial . PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR FINDINGS; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE.

14C3. 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 Bryant, seconded by Commissioner Moore, to adopt Ordinance 16-46 amending the Marion CountyZoning 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 16-46 isentitled:

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.

There being no further business to come before' the Board, the meeting thereupon adjourned at 4:01 p.m.

Attest:

Book V, Page 1357 .

December 20, 2016

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Page 1358, Book V