Official Minutes of MARION COUNTY

BOARD OF COUNTY COMMISSIONERS

July 16, 2019

CALL TO ORDER: The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:06 a.m. on Tuesday, July 16, 2019 at the Marion County Governmental Complex located in Ocala, Florida.

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

9:00 AM ROLL CALL: Upon roll call the following members were present: Chairman Michelle Stone, District 5; Vice-Chairman David Moore, District 1; Commissioner Kathy Bryant, District 2; Commissioner Jeff Gold, District 3; and Commissioner Carl Zalak, District 4. Also present were Clerk David R. Ellspermann, County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes.

Seated behind the County Attorney and County Administrator are: Fiscal Manager Mike McCain; Assistant County Administrator (ACA) Jeannie Rickman; and ACA Angel Roussel.

ANNOUNCEMENTS: Chairman Stone addressed upcoming scheduled meetings as listed on the Commission Calendar (Item 12C).

1. PROCLAMATIONS AND PRESENTATIONS: Upon motion of Commissioner Moore, seconded by Commissioner Bryant, the Board of County Commissioners (BCC) approved and/or ratified the following:

1A. PRESENTATION - Horse Farms Forever Update - Bernie Little, President, and Sara Fennessy, Director of Cornmunity Affairs (Presentation Only) The Board accepted the following recommendation as presented by County Administrator, Mounir Bouyounes, PE, Administration:

Description/Background: Following a recent meeting with Horse Farms Forever leadership, the County Administrator has asked them to provide this update to the Board of County Commissioners concerning their organization's mission, purpose, and community efforts. Bernie Little, President, and Sara Fennessy, Director of Community Affairs, will be presenting this informational update. Budget/Impact: None. Recommended Action: Presentation only.

Horse Farms Forever Director of Community Affairs Sara Fennessy presented an 11 page PowerPoint presentation entitled, "Horse Farms Forever Marion County Update July 16, 2019", as well as a 10 slide PowerPoint presentation entitled, "Horse Farms Forever, Marion County Update May 30, 2019". She provided a brief overview of Horse Farms Forever Mission, noting that horses, horse farms and the horse industry created the character and culture that defines Ocala and Marion County. Ms. Fennessy advised that

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the Mission is to raise awareness to ensure that the character and culture are protected for future generations, noting for there to be horses and the horse industry there must be farmland available. The organization was founded in June of 2018 when a group of like­minded advocates joined together to raise awareness as to the importance of horse farms and the Farmland Preservation Area. The catalyst for this was the Florida Department of Transportations (FDOT) threat to put a toll road through the heart of the County's most precious horse farms, as well as the Farmland Preservation Area. Bernie Little, President, Horse Farms Forever, advised that the organization does not oppose the Coastal Connector toll road, just the routes FDOT proposed through horse farms and the Farmland Preservation Area. He stated Marion County's population is growing and the housing and transportation systems must grow too; however, that growth should be well planned and well thought out, especially in the Farmland Preservation Area. Commissioner Moore thanked Horse Farms Forever for their efforts towards horse farm preservation. Commissioner Bryant expressed appreciation to the Horse Farms Forever organization. Chairman Stone concurred.

18. PRESENTATION - Employee Service Awards - Amanda Tart, Human Resources Director (Approval and Presentation)

Description/Background: The Marion County Board of County Commissioners feels it is important to recognize employees for their years of service to the County. For our recognition ceremony, we want to acknowledge those employees who have achieved fifteen (15) years of service or more. Because of the Board's continual and generous support of its employees, the Marion County Board of County Commissioners would like to present the following Employee Service Awards as attached. Budget/Impact: None. Recommended Action: Presentation of appropriate awards to the employees on the attached list.

The Board, along with Human Resources (HR) Director Amanda Tart, presented Employee Service awards to the following:

Jerimiah Kendrick, Fire Rescue, 15 years of service; Joshua Alvarez, Fire Rescue, 15 years of service; James Askins, Fire Rescue, 15 years of service; Gary Crane, Fire Rescue, 15 years of service; Justin Forester, Fire Rescue, 15 years of service; Daniel Jodoin, Fire Rescue, 15 years of service; Nancy Laflamme, Human Resources, 15 years of service; Carla Sansone, Office of County Engineer, 15 years of service; Janet Warbach, 9-1-1 Management, 20 years of service; Murrel Liverman, Fire Rescue, 20 years of service; Pamela Spicuzza, MSTU Assessments, 20 years of service; Angela Knight, Fire Rescue, 20 years of service; Theresa Smail, Office of County Engineer, 20 years of service; Michael Felton, Fire Rescue, 25 years of service; William Hahn, Office of County Engineer, 25 years of service; Richard Hoffman, Fleet Management, 30 years of service.

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It was noted Jerimiah Kendrick, Gary Crane, Justin Forester, Murrel Liverman, Pamela Spicuzza, and William Hahn were not present.

iC. PRESENTATION - Employee of the Quarter Award for April through June, 2019 ­Amanda Tart, Human Resources Director (Approval and Presentation)

Description/Background: The Employee of the Quarter program was implemented in April 2019 to recognize employees that go above and beyond to provide exceptional services to the citizens of Marion County and reward exemplary employee for their accomplishments and contributions. The Employee of the Quarter can be nominated by co-workers, supervisors, citizens or county commissioners and must meet certain criteria in order to be qualified for consideration. The employee of the quarter is recognized by the Board, receives a day off with pay and is included as a finalist for the Ideal Team Player award presented by the County Administrator each year at Employee Appreciation Day. For the quarter of April- June 2019 there were 15 nominations made for Employee of the Quarter, the list of nominees is attached. Budget/Impact: None. Recommended Action: Presentation of the Employee of the Quarter for the quarter ending in June of 2019.

The Board, along with HR Director Tart, presented the Employee of the Quarter award to Ken Stoldt, Office of the County Engineer. Chairman Stone congratulated all of the employees who were nominated for the Employee of the Quarter. Commissioner Bryant out at 9:33 a.m., but did not leave the Commission chambers and immediately returned to her seat.

2. AGENDA ITEM PUBLIC COMMENT: Reserved for comments related to items specifically listed on this agenda. Scheduled requests will be heard first and limited to five (5) minutes. Unscheduled requests will be limited to two (2) minutes. Citizens may contact Marion County Administration by 5:00 p.m. the Friday before the meeting at 352-438-2300 to request to speak or submit the request online at: www.marioncounMl.org Chairman Stone opened the floor to public comment. Bob Morgan, SW 128th Avenue, advised from his seat in the audience that he will wait until later in the meeting to address Agenda Items 14A1 and 14A2. Chairman Stone advised that public comment is now closed.

3. ADOPT THE FOLLOWING MINUTES: (5 sets) 3A. May 21,2019 3B. May 22, 2019 3C. May 23, 2019 3D. May 30,2019 3E. June 4, 2019 Upon motion of Commissioner Moore, seconded by Commissioner Gold, the following minutes were adopted: May 21,22,23,30; and June 4,2019. The motion was unanimously approved by the Board (5-0).

4. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL OR OUTSIDE AGENCIES: NONE.

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S. CLERK OF THE CIRCUIT COURT: Upon motion of Commissioner Moore, seconded by Commissioner Gold, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann: SA. Request Adoption of the Following Budget Amendment Resolutions: SA1.19-R-221 Fine & Forfeiture - Sheriff Regular - $4,639 SA2. 19-R-222 General Fund - Animal Services Department - $34,935 SA3. 19-R-223 General Fund - Planning and Zoning - $490 SA4. 19-R-224 General Fund -Information Technology - $13,000 SAS. 19-R-225 General Fund - Sheriff Jail- $1,441 SA6. 19-R-226 Marion County Utilities Fund - Utilities - $47,960 SA7. 19-R-227 MSTU for Law Enforcement - Sheriff Patrol &C I D - $40,150 SA8. 19-R-228 MSTU for Law Enforcement - Sheriff Patrol &CID - $110,500

S8. Request Approval of Proposed (Maximum) Millage Rates and Scheduling of First Public Hearings - Fiscal Year 2019-20

Description/Background: On or before August 4 of each year, the Board of County Commissioners shall advise the Property Appraiser of the proposed millage rates, the rolled-back rates, and the date, time, and place at which the public hearings will be held to consider the proposed millage rates and the tentative budget. {Florida Statutes Section 200.065(2)(b)} The Board may set the proposed millage rates at this meeting or otherwise continue this meeting for the purpose of taking action on setting the proposed millage rates at a time prior to the August 4, 2019 deadline. Budget Impact: Ad valorem millage rates to fund the fiscal year 2019-20 tentative budget. Recommended Action: It is recommended that the Board continue this meeting to Thursday, July 18, 2019 at 9:00 AM, to conclude the budget workshops and immediately following, consider approval of the proposed millage rates and the date, time, and place for the first public hearings related to the budgets of both the Marion County Board of County Commissioners and the Rainbow Lakes Estates Municipal Service District; and to authorize the Chairman to execute the related documents.

Clerk Ellspermann stated Budget Director Michael Tomich would present details for the proposed millage rates. Budget Director Michael Tomich advised that this action will be taken by the Board at the end of the zoning portion of the meeting this afternoon, and reminded the Board to not adjourn the meeting, but continue to Thursday, July 18, 2019 at 9:00 a.m., or as soon as thereafter. At that time the Board can take action on setting the proposed millage rates, as well as setting public hearing dates. He provided an overview of the proposed millage rates and noted at the first public meeting the rates can be increased or decreased accordingly; however, he clarified that once the proposed millage rates are set and sent out on the Truth In Millage (TRIM) Notices, they effectively become maximum millage rates for fiscal year (FY) 2019-20 and can only be adopted at the same or lower rate at the second public hearing.

UPDATE: County Administrator Mounir Bouyounes provided an update from Agenda Item 1A, Horse Farms Forever. He stated there was a technical issue during the PowerPoint

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presentation and one slide was not shown. Mr. Bouyounes requested Director Fennessy return to discuss the information on that slide. Ms. Fennessy requested the BCC become Honorary Members of Horse Farms Forever. It was the general consensus of the Board to direct staff to place this item on the next agenda for the Board to take action.

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 Gold, the Board acted on the Consent Agenda as follows:

7 A. Community Services: 7A1. Request Signature Approval for Celtificate of Consistency with Marion County's FY 2015-2019 Five Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice for Ocala Housing Authority's (OHA) FY 2019 Public Housing Plan (Budget Impact­None) The Board accepted the following recommendation as presented by Community Services Director Cheryl Martin:

Description/Background: Ocala Housing Authority is the only public housing authority regulated by the Department of Housing and Urban Development (HUD) for Marion County. OHA manages 216 public housing units, 1,300 housing choice vouchers and Section 8. In addition, they provide housing counseling and self­sufficiency classes to Marion County residents. OHA's goals are consistent with Marion County's FY 2015-2019 Five Year Consolidated Plan and goals. OHA's plan must be submitted to HUD by July 18, 2019. Community Services collaborates with OHA to identify needs and leverage funding as opportunities may become available. Budget/Impact: None. Recommended Action: Request Signature Approval for Certificate of Consistency with Marion County's FY 2015-2019 Five Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice for Ocala Housing Authority's FY 2019 Public Housing Plan.

78. Development Review Committee: 781. Request Approval of Final Plat for On Top of the World Avalon Phase 7 Subdivision, Application Number 23114 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Sam Martsolf:

Description/Background: On July 1, 2019, the Development Review Committee (DRC) approved the final plat for the On Top of the World (OTOW) Avalon Phase 7 Subdivision and recommended that the Board approves and authorizes execution by the Chair and the Clerk. This subdivision is located in the southwest portion of the County and contains 144 lots and seven (7) tracts on 67.51 acres with 1.72 miles of private road. Budget/Impact: None.

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Recommended Action: Motion to approve the final plat for On Top of the World (OTOW) Avalon Phase 7 Subdivision, application number 23114 and to authorize the Chair and Clerk to execute the same.

782. Request Approval of Final Plat for Stone Creek Silver Glen Subdivision, Application Number 23391 (Budget Impact - None) The Board accepted the following recommendation as presented by Growth Services Director Martsolf:

Description/Background: On July 1, 2109, the Development Review Committee (DRC) approved the final plat for the Stone Creek Silver Glen Subdivision and recommended that the Board approves and authorizes execution by the Chair and the Clerk. This subdivision is located in the southwest portion of the County and contains 66 lots and six (6) tracts on 39.02 acres with .63 miles of private road. Budget/Impact: None. Recommended Action: Motion to approve the final plat for Stone Creek Silver Glen Subdivision, application number 23391 and to authorize the Chair and Clerk to execute the same.

7C. Facilities Management: 7C1. Request Approval of Project Close-Out for Project: JLBOIL3 - Jail Boiler Replacement (Budget Impact - None) The Board accepted the following recommendation as presented by Facilities Management Director Jared Goodspeed:

Description/Background: The jail boilers replacement was overseen by Facilities Management with Construction Manager being Dinkins Construction. The Board approved the project on March 27, 2017 with final payment application being received on June 28,2017. The project was completed with a cost savings of $2,580 with staff recommending the savings stay in the fund balance. Budget/Impact: None. Recommended Action: Motion to approve allocation of the funds as listed.

70. Fleet Management: 701. Request Approval to Declare Sedan H-36 (Asset Number 37037) as Surplus and to Donate the Vehicle to the Local Branch of the Non-Profit FreeD.O.M. Clinic USA (Budget Impact - Neutral $1,750.00) The Board accepted the following recommendation as presented by Fleet Management Acting Director Mark Williams:

Description/Background: On July 2, 2019 the Marion County Board of County Commissioners received a request for a donation from the Ocala branch of the FreeD.O.M. Clinic USA of any decommissioned or surplus vehicles from the Fleet Management department. The FreeD.O.M. Clinic USA is a non-profit organization that offers free dental, optical, medical and counseling care to citizens in need within Marion County. The clinic relies on doctors, nurses, dentist and registered counseling volunteers to offer these services. Most recently, the clinic expanded its dental, optical, medical and mental health and substance use disorder counseling services as well as moving into its new downtown

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facility. Though this location is on the bus route, many of the clients that would normally walk to the previous location from the park, homeless camps and various shelters now need bus passes, bicycles or access to the complementary shuttle service via private cars. Transportation has become a barrier for many of the clients the clinic serves and forces the volunteers to use their own personal vehicles and fuel to transport clients to the offices, The Centers, various essential appointments as well as conduct home visits. Staff has partnered with the Clerk's office to facilitate any necessary paperwork as well as coordinating with FreeD.O.M. Clinic USA for their tax exempt declaration. Fleet Management has identified a 2003 Chevy Malibu sedan (H36) as the vehicle that can be declared a surplus vehicle to donate to the clinic. Budget/Impact: Neutral $1,750.00. Recommended Action: Motion to approve the declaration of sedan H-36 (asset Number 37037) as surplus and to donate the vehicle to the local branch of the non­profit FreeD.O.M. Clinic USA.

7E. Human Resources: 7E1. Request Approval of Impact Insurance Agent of Record/Consulting Agreement (Budget Impact - None) The Board accepted the following recommendation as presented by Human Resources (HR) Director Amanda Tart:

Description/Background: Combined Insurance Services, Inc. (CIS) has been the County's Employee Insurance Agent of Record for many years. The Agent provides various services for the Health, Dental, Vision, Life and Long Term Disability insurance programs while also acting as the County's IRS Section 125 Flexible Compensation Plan Administrator. Additionally, CIS is responsible for billing and collecting monthly insurance premiums from county retirees and transferring those funds to Marion County. The Agreement outlines the various services provided by the Agent and the expectations from Marion County. The Agent's compensation is paid through each of the insurance carriers and is included in the proposed insurance renewal cost. There are no additional fees or cost to Marion County. Budget/Impact: The Agent compensation is included in the various insurance premium costs and is not billed separately to the county. Total compensation for Health, Dental, Vision, Life, Long Term Disability and IRS Section 125 Flexible Compensation services is estimated at approximately $419,000 and has been included in the FY2020 insurance renewals. Recommended Action: Board motion to approve the Agreement for Agent of Record/Insurance Consulting Services with William Taylor, Combined Insurance Services, Inc., to be effective October 1,2019.

7E2. Request Approval of the Resolution for the Revision of the Employee Handbook (Budget Impact - None) The Board accepted the following recommendation to adopt Resolution 19-R-229, as presented by HR Director Tart:

Description/Background: The Human Resources Director was recently tasked with conducting a review of several sections of the current handbook. The proposed revisions presented within this agenda item will streamline processes, help retain

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employees, and promote the best interest of the County. The handbook revisions are attached, as well as a list summarizing the notable changes. Budget/Impact: None. Recommended Action: Motion to approve the attached resolution for the revisions of the Employee Handbook with an effective date of July 16, 2019.

Resolution 19-R-229 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA ADOPTING THE 2019 MARION COUNTY BOARD OF COUNTY COMMISSIONERS EMPLOYEE HANDBOOK AND REPEALING ALL PRIOR EMPLOYEE HANDBOOKS.

7E3. Request Approval of the Reclassification of a Facilities Department Dispatcher Position to a Facilities Department Project Manager Position within the Facilities Maintenance Department #2610 (Budget Impact - Expenditure of $33,388.45) The Board accepted the following recommendation to adopt Resolution 19-R-230, as presented by HR Director Tart:

Description/Background: The position of Facilities Department Dispatcher has recently become vacant and the Director is recommending to reclassify this position into a Project Manager Position. Due to improved workflow processes and upgraded technology, the position of Facilities Dispatcher is no longer beneficial to efficiencies within the Department. the department continues to recognize an increase in project requests and in order to meet these challenges the creation of a dedicated project management team is desired. This position will oversee the Project Coordinator and work countywide to oversee projects and result in greater customer service. The Project Manager will work hand-in-hand with the Operations Manager and report directly to the Department Director. Budget/Impact: Expenditure Of $33,388.45. Recommended Action: Approval of the reclassification of a Facilities Department Dispatcher position to a Building Maintenance Supervisor position within the Facilities Maintenance Department #2610.

Resolution 19-R-230 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, PROVIDING FOR THE RECLASSIFICATION OF ONE (1) FACILITIES DEPARTMENT DISPATCHER, PAY GRADE 9; TO ONE (1) FACILITIES PRO...IECT MANAGER, PAY GRADE 25, WITHIN THE FACILITIES MANAGEMENT BUDGET #2610; ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN.

7E4. Request Approval of Staffing Proposal for the Fort McCoy Public Library (Budget Impact - Expenditure of $7,844) The Board accepted the following recommendation to adopt Resolution 19-R-231, as presented by HR Director Tart:

Description/Background: At the July 9th budget workshop, library staff was directed to return a staffing proposal for the Fort McCoy Public Library. This proposal is in an

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effort to attract candidates to fill long-standing vacancies. The staffing proposal will reduce the number of employees from three part-time, 25-hour employees to two employees, one full-time and one part-time, 25 hour employee. There are sufficient funds within the appropriate accounts to cover the costs of $7,844 for FY 2018-19. The FY 2019-2020 library budget would need to be adjusted to reflect this change. The impact to positions includes: deletion of the Public Services Assistant position #10706 and the change in status ofthe Branch Library Supervisor I, position #10673, from part-time to full-time. Budget/Impact: Expenditure of $7,844 for FY 2018-19. Adjustments to the FY 2019­2020 wou Id be needed. Recommended Action: Motion to approve the change in staffing levels at the Fort McCoy Public Library to include deletion of one PT (25 hour) Public Services Assistant and the change from part-time to full-time status of the Branch Library Supervisor I.

Resolution 19-R-231 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, PROVIDING FOR THE RECLASSIFICATION OF ONE (1) BRANCH LIBRARY SUPERVISOR I (PART TIME), PAY GRADE 10; TO ONE (1) BRANCH LIBRARY SUPERVISOR I (FULL TIME), PAY GRADE 10; DELETION OF ONE PUBLIC SERVICES ASSISTANT (PART TIME), PAY GRADE 4; WITHIN THE LIBRARY BUDGET #6210; ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN.

7E5. Request Approval of Resolution Reclassifying the Grant Coordinator - Fiscal Planner Position within the Transportation Planning Organization Budget 4170, 4172, 4174 (Budget Impact - None) The Board accepted the following recommendation to adopt Resolution 19-R-232, as presented by HR Director Tart:

Description/Background: On June 16, 2019. the Board approved the job description for the Grant Coordinator - Fiscal Planner within the Transportation Planning Organization (TPO). This job description was approved as a non-exempt position however with the added job duties of this position staff is requesting that it be classified as an exempt position. Budget/Impact: None. Recommended Action: Motion to approve the resolution and reclassification of the grant coordinator - fiscal planner position in the Transportation Planning Organization (TPO) department

Resolution 19-R-232 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, PROVIDING FOR THE RECLASSIFICATION OF ONE (1) GRANT COORDINATOR ­FISCAL PLANNER, PAY GRADE 22 NON-EXEMPT; TO ONE (1) GRANT COORDINATOR - FISCAL PLANNER, PAY GRADE 22 EXEMPT, WITHIN THE TRANSPORTATION PLANNING ORGANIZATION BUDGET #4170,4172,4174; ALONG WITH THE

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CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN.

7F. Procurement Services: 7F1. Request Approval of Bid Award: 19B-112, Silver Springs Shores Wastewater Treatment Facility Improvements - Ortega Industrial Contractors, Inc., Jacksonville, FL (Budget Impact - Neutral; Expenditure of $5,482,042 as approved in FY 18/19 budget) The Board accepted the following recommendation as presented by Procurement Services Director Susan Olson:

Description/Background: On behalf of Marion County Utilities (MCU), Procurement advertised a bid for the expansion of the Silver Springs Shores Wastewater Treatment Facility (SSSWWTF) capacity from 1.5 million gallons per day (MGD) to 2.0 MGD. The project includes upgrading and expanding the biological treatment process to advanced wastewater treatment standards, expanding the headworks, adding new influent screen, expanding grit removal equipment, constructing chemical feed building, installing supplemental carbon system, installing alum system, and installing sludge holding tank decanter equipment. Ten (10) contractors subm'tt d b'd I S per th a eow:Ie e t b I IJ afbiIon

Firm Name - City Bid Ortega Industrial Contractors, Inc - Jacksonville, FL $ 5,482,042 SGS Contracting Services, Inc - High Springs, FL $ 5,535,700 Sawcross, Inc - Jacksonville, FL $ 5,715,000 Florida Design Contractors, Inc - Lake Park, FL $ 5,797,000 Vogel Bros Building Co - Lakeland, FL $ 5,900,000 TLC Diversified, Inc - Palmetto, FL $ 6,055,500 L7 Construction, Inc - Sanford, FL $ 6,157,000 Wharton-Smith, Inc - Sanford, FL $ 6,158,100 Intercounty Engineering, Inc - Pompano Beach, FL firm disqualified by MCU; not relevant experience $ 5,096,227

R2T, Inc - Roswell, GA firm disqualified by MCU; not relevant experience $5,206,115

At the Board's direction follOWing the final protests from Intercounty and R2T, MCU and Procurement Staff met with the Ortega team prior to making a final recommendation; Office of Environmental Services Director, Jody Kirkman, recommends Ortega Industrial Contractors, Inc. receive the contract. The Board may make a decision to award based on the County Administrator's determination, the award will be subject to the condition that no appeal of the Board's decision on the bid protest has been timely filed with the Court. Attached for review is the draft; pending approval at today's meeting, it will be sent for signature July 18, 2019, and upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; project shall not exceed $5,482,042; up to ten percent (10%) contingency may be added to the purchase order per the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue

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contract, and upon approval by Legal, authorize the Chairman to execute contract with Ortega Industrial Contractors, Inc, the lowest responsive, responsible bidder for 19B-112.

7F2. Request Approval of Project Amendment for Construction Manager: 09Q-013-PA-20, Southeastern Livestock Pavilion Roping Arena Site Improvements - Ausley Construction Co., LLC, Ocala, FL (Budget Impact - Neutral; expenditure of $280,222.93 as approved in FY 18/19 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: On April 7, 2009, the Board approved a contract with Ausley Construction for Construction Manager (CM) services. In utilizing the CM services, Facilities Management received a proposal for the Southeastern Livestock Pavilion Roping Arena Site Improvements. The project, funded through a $300,000 grant received from the Florida Department of Agriculture and Consumer Services (FDACS), will consist of construction of new restroom facilities with concession space, underground utility and electrical work, security lighting and concrete walkways. The work is scheduled to be substantially completed within 60 days after issuance of Notice to Proceed with an additional 10 days for final completion. Included for review is a draft of the project amendment and CM proposal. Pending approval at today's meeting, it will be forwarded to the CM for execution as written and upon return, will be processed for the County Attorney, Clerk and Chairman's signatures. Budget/Impact: Neutral; expenditure of $280,222.93. Up to ten percent (10%) contingency may be added to the purchase order in accordance with the Procurement Manual. Recommended Action: Motion to approve and authorize the Chairman to execute project amendment with Ausley Construction Co., LLC for work under 09Q-013-PA­20.

7F3. Request Approval of Task Order for Pre-Qualified Underground Utility Contractor: 15Q-121-TO-22, 19-5A-12 Marion Oaks RWM Ext - T&C Underground, Inc., Ocala, FL (Budget Impact - Neutral; expenditure of $76,030 as approved in FY 18/19 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: At its August 4, 2015 meeting, the Board approved contracts with eleven (11) pre-qualified firms for various projects involving underground utility work. In March 2019, all firms were proposed a scope of work and asked to provide prequalified pricing for water mains and associated appurtenances to be held for six (6) months and used by the County in constructing water main extensions for residential homes being built and are required due to the Land Development Code's connection distance requirements. Two firms responded. On April 16, 2019, MCU was directed by the Board to design, permit and construct a residential water main after a waiver was presented to the Board for the water connection of a new single family residence. It was MCU's recommendation to continue the extension along SW 33rd Court in order to provide better customer service by looping the system providing better fire flow and redundancy. This would also eliminate a dead end water main. The work includes construction of approx.

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900 LF of 6-in DR18 water main along SW 33rd Court in Marion Oaks, installation of fire hydrants, gate valves, fittings and any other appurtenance required per the contract documents. The cost of the project was tabulated utilizing the prequalified unit pricing with th I . e ow: e resu ts appeanng b I

FIRM BID

T&C Underground, Inc $ 76,030.00 GWP Construction, Inc $104,541.57

Office of Environmental Services Director, Jody Kirkman, recommends the task order be awarded to T&C Underground, Inc. Pending approval of the attached task order draft, T&C will be sent the task order as written and upon return will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; the cost shall not exceed $76,030 as approved in FY 18/19 budget. Funds are reimbursable by homeowners/developers as each new single residence connects to the water main. Up to ten percent (10%) contingency can be added to the Purchase Order per the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue task order and upon approval by legal, authorize the Chairman to execute same with T&C Underground, Inc. under project 15Q-121-TO-22.

7F4. Request Approval of Advertising Agreement: 19C-246 - CA Florida Holdings, LLC, Ocala, FL (Budget Impact - Neutral; estimated expenditure of $100,000 as approved in FY 18/19 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: At its July 16, 2013 meeting, the Board declared a bid exemption for legal advertising with the Ocala Star-Banner and the Voice of Marion as the only print publications which meet statutory requirements for publishing legal ads. Attached for review and execution is a copy of the Ocala Star-Banner's Advertising Agreement (through its parent company CA Florida Holdings, LLC) which requires the Board Chairman'S signature due to the $100,000 commitment level. Actual expenditures are unknown, and will vary among all departments who receive the same rate for hardcopy publishing. It has been presented to, and approved by Senior Assistant County Attorney, Elizabeth Alt per the attached LRM. If approved, the original will be presented for the Chairman's signature after today's meeting. Budget/Impact: Neutral; not to exceed $100,000. Recommended Action: Motion to approve, and authorize the Chairman to execute the Advertising Agreement with CA Florida Holdings, LLC for the Ocala Star-Banner for the term ending May 31,2020.

7F5. Request Approval and Execution of Contract Amendment: 17C-132-CA-04, Fiber Optic Telecommunications Services - City of Ocala (Budget Impact - Neutral; additional annual expenditure of $28,247.80 as approved in FY 18/19 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: At its June 20, 2017 meeting, the Board approved a contract with the City of Ocala for infrastructure and fiber optic network

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improvements for 43 locations throughout the County such as fire stations, libraries, and other facilities' improvements and upgrades. Since then, three amendments have been presented to add additional services to a variety of locations. At this time, a Fourth Amendment is being presented to add a dark fiber line and phone trunk line (PRI) to enable redundancy to our backup EOC/911 Center located at 109 W Silver Springs Blvd. These additional services increase the rate by $1,630 per month for a revised total monthly expenditure of $28,247.80. A draft copy of the proposed contract amendment is attached for review, and if approved an original will be presented for signature after the meeting. Budget/Impact: Neutral; additional monthly expenditure of $1,630 revises the total monthly expenditure to $28,247.80 and revises the annual expenditure to $338,973.60. Recommended Action: Motion to approve and allow the Chairman to execute the Fourth Contract Amendment with the City of Ocala for 17C-132.

7F6. Request Approval of Bid Award and Contract: 19B-180 MCFR & EMS Uniforms ­Galls, LLC, Lexington, KY (Budget Impact - Neutral; expenditure of $45,000 remaining as approved in FY 18/19 Budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: On behalf of Fire-Rescue (MCFR), a bid was advertised for the purchase of regular duty arid Class A uniforms for Fire & EMS personnel. Three (3) suppliers submitted bids, however, one supplier was deemed nonresponsive. Fire Chief, James Banta recommends awarding to Galls, LLC, the lowest resp' 'ble b'dder b d on th tabit' eow:onslve, responsl I ase e u a Ions b I

VENDOR NAME BID Galls, LLC $ 128,310.40 Read's Uniforms $ 134,835.00 Dana Safety Supply Non-Responsive

The tabulation IS based on bidders' unit pricing multiplied by quantities based on previous years' usage and are not a guaranteed minimum or maximum value; MCFR will pay for items necessary during the term and at contract unit prices; total expenditures are not a fixed cost, but will not exceed funds approved in each year's budget without being brought back before the Board. Attached for review is a draft of the contract. Pending approval at today's meeting, it will be sent to the vendor for execution as written and upon return, will be forwarded to the County Attorney, Clerk and Chairman for signatures. Budget/Impact: Neutral; estimated expenditure of $45,000 remaining and as approved in FY 18/19 budget. Future FYs' estimated expenditures will vary based on actual need, but shall not exceed approved budgeted amounts, and shall be based on contracted unit costs. Recommended Action: Motion to approve recommendation, and pending approval by Legal, authorize Chairman to execute contract with Galls, LLC under 18B-180.

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7F7. Request Approval of Contract Renewal: 16P-1 06-CA-03, Workers' Compensation and Liability Third Party Claims Administration (TPA) - Johns Eastern (Budget Impact - Neutral; Expenditure of $212,940, as included in the FY 19/20 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: At its June 7, 2016 meeting, the Board approved the Selection Committee's recommendation to contract with Johns Eastern for claims management and adjusting services for General Liability, Auto Liability, and Workers' Compensation. The contract includes cost containment services, nurse case management, and subrogation recovery services. These services are charged to the applicable claim file which reflect the appropriate cost and savings to each claim. Risk and Benefit Services works closely with the claims adjusters and the County Attorney's office to review files, coordinate medical care and benefits, review liability exposure, and to manage overall claims for Marion County. This renewal is presented without any increase, and the $212,940 fee has been included in the proposed FY 19/20 budget. Pending approval, Addendum Number III will be presented for Legal's approval, then routed for signatures by the Chairman and the Clerk. Budget/Impact: Neutral; annual expenditure of $212,940. Recommended Action: Motion to approve renewal with Johns Eastern under 16P­106-CA-03, and pending approval by Legal, authorize the Chairman to execute same.

7F8. Request Approval of Bid Award: 19B-076, SE 1 08th Terrace Rd Water Main Extension - Marion Rock, Inc., Ocala, FL (Budget Impact - Neutral; expenditure of $1,352,517.15 as approved in FY 18/19 Budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: On behalf of Marion County Utilities (MCU), Procurement advertised a bid to construct approximately 14,700' of 16" water main to interconnect the Silver Springs Shores and Spruce Creek Golf and Country Club potable water systems. The project includes installation of pipe, valves, fittings, and fire hydrants along SE 108th Terrace Rd and SE Maricamp Rd. 13 contractors submitted bids per the tabulation below'

Firm Name - City Base Bid Marion Rock, Inc - Ocala, FL $ 1,352,517.15

I Art Walker Construction, Inc - Ocala, FL $ 1,409,413.00 GWP Construction, Inc - Ocala, FL $ 1,506,834.60 T&C Underground, Inc - Ocala, FL $ 1,545,460.00 RP Utility & Excavation Corp - Hialeah, FL $ 1,663,453.25 Hartman Civil Construction Co, Inc - Ocala, FL $ 1,686,958.00 Salser Construction, LLC - Ocala, FL $ 1,725,973.77 DB Civil Construction, LLC - Ormond Beach, FL $ 1,857,274.00 Southern Underground Industries, Inc - Miami Lakes, FL $ 1,869,157.00 Prime Construction Group, Inc - Orlando, FL $ 1,958,540.00 DBE Management Inc - Loxahatchee, FL $ 1,965,791.50

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Utility Systems Construction, LLC - Clermont, FL Intercounty Engineering, Inc - Pompano Beach, FL

$ 2,010,311.00 $ 2,240,061.80 ..

The low bidder is within the estimated $1.8 million budget, and because Manon Rock has not contracted with the County specifically for utility work, MCU and Procurement staff conducted a preaward with their team to ensure the scope of work and timeline were in line. Office of Environmental Services Director, Jody Kirkman supports the recommendation to award the contract as requested. Attached for review is a contract draft; pending approval at today's meeting, it will be sent for signature and upon return, will be forwarded for the County Attorney, Clerk, and Chairman's signatures. Budget/Impact: Neutral; project shall not exceed $1,352,517.15; up to ten percent (10%) contingency may be added to the purchase order per the Procurement Manual. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with Marion Rock, Inc as the lowest responsive, responsible bidder for 19B-076.

7F9. Request Approval of Bid Award: 19B-196, Golden Hills Turf &Country Club Drainage Improvements at NW 78th Ave & NW 49th St Rd - Professional Services Group, LLC, Deland, FL (Budget Impact - Neutral; expenditure of $159,394.80 as approved in FY 18/19 budget) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: On behalf of the Office of County Engineer (aCE), Procurement Services advertised a bid for drainage improvements at NW 78th Avenue and NW 49th Street Road in Golden Hills Turf and Country Club. The project consists of infrastructure improvements including installation of curb and gutter, ditch pavement, storm pipes, and an inlet. Both contractors who responded to the solicitation were over the anticipated budget. After conducting Value Engineering (VE) with the low bidder, the aCE Stormwater team was able to save an additional $12,270 on the project. County Engineer, Tracy Straub, requests to contract with Professional Services Group, LLC based on the tabulation below:

CONTRACTOR NAME - City BID Professional Services Group - Deland (after VEl $ 159,394.80 Professional Services Group - Deland (before VEl $ 171,664.80 Art Walker Construction - Ocala $ 229,210.00

Attached for review is a contract draft; pending approval at today's meeting, it will be sent for the contractor's signatures and upon return, will be routed for same by the County Attorney, Clerk, and Chairman. Budget/Impact: Neutral; project cost is $159,394.80. Up to ten percent (10%) contingency may be added to the purchase order in accordance with the Procurement manual. Recommended Action: Motion to approve recommendation and allow staff to issue contract, and upon approval by Legal, authorize the Chairman to execute contract with Professional Services Group, LLC, the lowest responsive, responsible bidder for 19B-196.

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7F10. Request Approval and Execution of Second Contract Amendment: 17P-058, License and Services Agreement with Tyler Technologies (Budget Impact - Neutral) The Board accepted the following recommendation as presented by Procurement Services Director Olson:

Description/Background: At its December 5, 2017 meeting, the Board approved a contract with Tyler Technologies (Tyler) for an Enterprise Resource Planning (ERP) system. At its November 6,2018 meeting, the Board approved the First Amendment to the contract agreeing to a comparable replacement for Tyler Content Manager (TCM) Web Services. Information Technology reports that the ERP project is well underway and progressing forward. However, to ensure project success, all business processes are being evaluated to strategically group together modules for efficiencies. With consensus from the County, Clerk, and Tyler, adjustments to these modifications including the project schedule are recommended as outlined below:

• Section 1 - Align the document migration plan and payment terms within the TCM Module to concur with the remaining project phases.

• Sections 2, 4 and 5 - Amend the original invoicing and payment policy to reflect an adjustment of the project timeline and "Go Live" dates.

• Section 6 - Move the Inventory module implementation to coincide with the implementation of the Asset Maintenance module.

• Sections 7 and 8 - Transfer unused conversion hours into additional implementation hours needed to complete implementation of the payroll module.

Information Technology, Administration, and Legal have reviewed this contract amendment. Pending approval at today's meeting, the vendor-signed original will be presented for the Chairman's signature. Budget/Impact: Neutral. Recommended Action: Motion to approve recommendation, and authorize the Chairman to sign the Second Contract Amendment with Tyler Technologies under contract 17P-058.

7G. Transportation - County Engineer: 7G1. Request Approval of a Sale and Purchase Agreement and Statute 125 Deed for Parcel #04890-001-00, Metes and Bounds, Unimproved, to Kent A. Perusse (Budget Impact - Revenue of $1 ,250) The Board accepted the following recommendation presented by County Engineer Tracy Straub, Office of the County Engineer (OCE):

Description/Background: This is a request to declare Parcel #04890-001-00 as surplus and approve the Sale and Purchase Agreement and Statute 125 Deed between Marion County and Kent A. Perusse in the amount of $1,250 plus closing costs. This parcel, located in the Fort McCoy area, was acquired as a Tax Deed and staff recommends approval of this bid. Budget/Impact: Sale of Surplus Land - 000001 - 0001 - 36400022 - $1,250 Recommended Action: Motion to approve the request to declare Parcel #04890-001­00 as surplus, approve the Sale and Purchase Agreement and Statute 125 Deed, and authorize the Chair and Clerk to execute the same.

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7G2. Request Approval of Resolution Supporting Local Funding Assistance from the With lacoochee Regional Water Supply Authority for Fiscal Year 2019/2020 (Budget Impact - Budget Neutral; credit up to $33,095) The Board accepted the following recommendation to adopt Resolution 19-R-233, as presented by County Engineer Straub:

Description/Background: As a member of the With lacoochee Regional Water Supply Authority (WRWSA), the Board is eligible to apply for WRWSA's Water Conservation Grant. The grant will reimburse up to 50% of the County's dollars spent on water use efficiency initiatives. The requested amount of cooperative funding for Fiscal Year 2019-2020 is $33,095. To complete the application, a Resolution is required which confirms that the Board will budget matching funds. The County has consistently received similar grant funding from WRWSA since 2009. A copy of the grant application is attached. Upon approval of the grant application by WRWSA, an agreement will come back to the Board for execution. Budget/Impact: Budget Neutral; credit up to $33,095 ($17,100 in grant revenue for fund 001-2715 (Water Resources) and $15,995 in grant revenue for fund 452-7140 (Utilities - Water Operations». Recommended Action: Motion to authorize the Chair and Clerk to execute the attached WRWSA Water Supply Funding Assistance Resolution.

Resolution 19-R-233 is entitled: A RESOLUTION OF MARION COUNTY, FLORIDA SUPPORTING THE MARION COUNTY BOARD OF COUNTY COMMISSIONERS' APPLICATION FOR LOCAL GOVERNMENT WATER SUPPLY FUNDING ASSISTANCE FROM THE WITHLACOOCHEE REGIONAL WATER SUPPLY AUTHORITY FOR LOCAL WATER CONSERVATION PROGRAM EFFORTS.

7G3. Request Approval of Improvement Agreement for Stone Creek Silver Glen Subdivision, Application #23391 (Budget Impact - None) The Board accepted the following recommendation presented by County Engineer Straub:

Description/Background: The County Attorney has reviewed and approved the Improvement Agreement with Surety Bond in the amount of $362,520.48. This subdivision is located in the southwest portion of the County and contains 66 lots and 6 tracts on 39.02 acres with 0.63 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.

8. COUNTY ATTORNEY: 8A. Request Consideration of Release of Civil Restitution Lien for Tony D. Eldridge The Board considered the following recommendation as presented by County Attorney Matthew G. Minter, Legal:

Description/Background: On June 28, 2019, the County Attorney received a letter from Tony D. Eldridge, requesting a release of his Civil Restitution Lien recorded on October 19, 2009, at OR Book 5267, PG 1114. On July 25,2009, Mr. Eldridge, was arrested for Driving While License Suspended Revoked Cancel Prior Offense (First Degree Misdemeanor) in Case No. 2009-CT-006219. On August 6,2009, he was adjudicated guilty and sentenced to 270 days (1 day served). The Court imposed a

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judgment of cost of incarceration in the amount of $13,500.00 (sentenced 270 days x $50 per day). Mr. Eldridge is on a payment plan and has made monthly payments since July 10,2012 towards his court costs and fines. To date, he has paid $1,330.70 with a balance of $126.30 to satisfy the court costs and fines in this case. Mr. Eldridge served a total 202 days in the county jail. Mr. Eldridge is requesting a release of the Civil Restitution Liens totaling $20,456.04. BudgeUlmpact: None. Recommended Action: Board motion to approve or deny Tony D. Eldridge's request for Release of the Civil Restitution Liens recorded on October 19, 2009 in Case No. 2009-006219-CT.

Tony D. Eldridge, SE 51 st Court, Summerfield, addressed the Board requesting a release and/or reduction of the remaining Civil Restitution Lien. Chairman Stone advised that the remainder of the lien totals $20,456.04 and stated payments have been made since 2012 to be applied to court costs and fines to date. In response to Commissioner Gold, Mr. Eldridge stated he works for Emergency One (E­One) as an electrician on fire trucks. Commissioner Bryant requested the total restitution be broken down to principle and interest. She noted that Mr. Eldridge worked as a trustee while incarcerated. Mr. Eldridge stated he also worked on the Helipad for repairs after the Marion County Sheriff's Office (MCSO) helicopter crashed. A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to release the remainder of the Civil Restitution Lien with the exception of the remaining court costs totaling $126.30. The motion was unanimously approved by the Board (5-0).

9. COUNTY ADMINISTRATOR: 9A. Administrative Updates 9A1. Back-2-School Supply Drive Update HR Director Tart provided an overview of the Back-2-School Supply Drive. She advised that County Administration, Human Resources, Procurement, Office of the County Engineer, Marion County Fire Rescue, Public Safety Communication, County Attorney, Office of Fiscal Review, and the Commission Office will all be participating. Ms. Tart encouraged staff to bring in school supplies. ACA Jeannie Rickman and ACA Angel Roussell provided a brief update encouraging the collection of school supplies for the Back-2-School Supply Drive.

WALK-ON: Renewal of Revised Mutual Assistance Agreement for Emergency Shelters between the Marion County Board of County Commissioners and the School Board of Marion County

Description/Background: The County and the School Board are currently parties to a MUTUAL ASSISTANCE AGREEMENT FOR EMERGENCY SHELTERS IN MARION COUNTY, dated August 14, 2018, which has a one year term. Inasmuch as we are in the Hurricane Season, there is a need to renew this agreement in order to be prepared for emergency events. The attached agreement has the same terms as the current agreement, with the following proposed revisions: 1. A new effective date of ,2019.

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2. Page 4, reflect Kelly King as the School Board Chair and Michelle Stone as the BCC Chair.

3. Page 9, para. 22, regarding Pet Friendly Shelter (PFS) provides for designation of up to two such shelters, compared to the current provision for only one shelter.

4. Page 9, para. 26, changes the term of the agreement from one year, to three years.

5. The signature page again reflects Kelly King and Michelle Stone. The remainder of the agreement has the same terms as the current agreement. This agreement is required in order for proper requests for reimbursement of expenses to be made to FEMA. Budget Impact: Contingent upon occurrence if storm event. The County's obligations for reimbursement to the School Board are set in para. 16 of the ag reement. Recommended Action: Motion to approve MUTUAL ASSISTANCE AGREEMENT FOR EMERGENCY SHELTERS IN MARION COUNTY.

County Attorney Minter provided a brief overview of the extension of Mutual Assistance Agreement for emergency shelters between the County and the Marion County School Board. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to consider the Walk-on Item as presented by County Attorney Minter. The motion was unanimously approved by the Board 5-0. Mr. Minter advised that the Agreement is the same as what the County currently has, except for a few minor changes. The current Agreement which expires in August, 2019 (1 year agreement) provides for 1 pet friendly shelter, noting the proposed Agreement will allow for 2 pet friendly shelters and extends the duration/term of the Agreement from 1 year to 3 years. He stated names of the people on the notification list has changed, as well as the Chairman's name for the BCC and the School Board. Chairman Stone opened the flor to public comment. There being none, Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve extension of Mutual Assistance Agreement between Marion County and the Marion County School Board. The motion was unanimously approved (5-0). (Ed. Note: FEMA is the acronym for Federal Emergency Management Agency.)

11. NOTATION FOR ACTION: 11A. Request Ratification of Letter Dated June 26, 2019 to Kevin Thibault, Florida Department of Transportation Secretary Regarding Multi-use Corridors of Regional Economic Significance Program A motion was made by Commissioner Moore, seconded by Commissioner Gold, to ratify letter dated June 26, 2019 to Kevin Thibault, Florida Department of Transportation Secretary regarding Multi-use Corridors of Regional Economic Significance Program. The motion was unanimously approved by the Board (5-0).

11 B. Request Ratification of Letter Dated June 28, 2019 to Mike Shannon, Florida Department of Transportation District 5 Secretary Regarding Project Development and Environment Study for Interstate 75 A motion was made by Commissioner Moore, seconded by Commissioner Gold, to ratify letter dated June 28,2019 to Mike Shannon, Florida Department of Transportation District

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5 Secretary Regarding Project Development and Environment Study for Interstate 75. The motion was unanimously approved by the Board (5-0).

There was a recess at 9:55 a.m. The meeting reconvened at 10:01 a.m. with all members present.

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

6A. PUBLIC HEARING - To Consider Adoption of a Proposed Amendment to the Land Development Code (LDC) Growth Services Director Martsolf presented the following recommendation:

Description/Background: Proposed amendments to the Land Development Code (LDC), Article 6, Technical Standards and Requirements, which include: • Removal of the Estimated Water Flow Column which was originally derived from

the level of service. • Revise the Residential Section in the table to establish both Estimated Sewer

and Water Flows which include irrigation flows. • Add an Irrigation Water Flows section for all Non-Residential establishments to

more accurately estimate water usage due to irrigation. BudgeUlmpact: None. Recommended Action: Motion to adopt the proposed amendment to the Land Development Code (LDC) Article 6, Technical Standards and Requirements and to approve the attached ordinance and exhibit.

Deputy Clerk Windberg presented Proof of Publication of a display advertisement entitled, "Notice of Public Hearing" published in the Star Banner newspaper on July 5, 2019. The Notice states the Board will hold a public hearing to consider an amendment to the Marion County Land Development Code regarding Utilities. Growth Services Director Martsolf advised that this is the final public hearing and provided a brief overview of the proposed Ordinance. Chairman Stone opened the floor to public comment.

97thRoger Knechtel, SE Terrace Road, Summerfield, requested clarification as to mandatory requirements relating to water treatment facility expansions in Marion County. Environmental Services Director Jody Kirkman advised that there are currently no plans to construct any new water treatment facilities in Marion County; however, there are plans to expand capacity at other facilities within the County. In response to Mr. Knechtel, ACA Roussel addressed water treatment facilities located near County Road 42, noting some are located and serviced by The Villages and some are serviced by Marion County Utilities. Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Gold, seconded by Commissioner Moore, to adopt Ordinance 19-13 relating to the Marion County Land Development Code Article 6, Technical Standards. The motion was unanimously approved by the Board (5-0). Ord inance 19-13 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, AMENDING

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THE MARION COUNTY LAND DEVELOPMENT CODE REGARDING UTILITIES IN ARTICLES 6; PROVIDING FOR REPEAL, SEVERABILITY, AND AN EFFECTIVE DATE.

6B. PUBLIC HEARING - To Consider Five-Year Fiscal Year 2019-2023 Consolidated Plan and FY 2019-2020 Annual Action Plan for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grants (ESG) Community Services Director Martin presented the following recommendation:

Description/Background: Per 24 Code of Federal Regulations Part 91.105 by the Department of Housing and Urban Development (HUD) and Resolution 19-R-024 (Marion County's Citizen Participation Plan), Marion County is required to hold a public hearing to elicit public comments on the Five Year Consolidated Plan 2019­2023. HUD considers Marion County an Entitlement Community based on the population that entitles it to receive its funds. The Five-Year plan outlines the needs assessment, market analysis, strategic plan and one-year action plan for the County. The plan also proposes the CDBG, HOME and ESG budget along with its anticipated projects. Marion County's Citizen Participation Plan requires that Community Services hold two public hearings on the proposed plan. The first public hearing was advertised in- the Ocala Star Banner on October 17,2018 and the hearing held on November 28, 2018, at 6:00 p.m. The purpose of the first hearing is to gather citizens' suggestions and ideas on the needs that the County may address in the plan. The purpose of the second public hearing is to provide an additional opportunity for the public to comment in person on the draft final plan. An ad appeared in the Ocala Star-Banner on June 8, 2019 giving notice of the proposed plan, and included the comment period and instructions on how to submit comments. The required 30-day public comment period commenced on June 24,2019 and ends on July 23,2019. All comments received during the public comment period and public hearing will be included in the plan and considered by staff. The Five Year Consolidated Plan 2019­2023 will be presented to the BCC for approval on August 6,2019. Budget/Impact: None. Recommended Action: Motion to approve Public Hearing for Public Comment on the HUD Five-Year Consolidated Plan FY 2019-2023 and Annual Action Plan FY 2019­2020.

Deputy Clerk Windberg presented Proof of Publication No. A000954124 entitled, "Notice of Public Hearing and Public Comment Period Proposed 5 Year 2019-2024 Consolidated Plan, Proposed FY 2019-2020 Annual Action Plan, and Citizen Participation Plan" published in the Star Banner newspaper on June 8, 2019. The Notice states the Board will consider the HUD Five-Year Consolidated Plan FY 2019-2023; Annual Action Plan FY 2019-2020; and CDBG, HOME and ESG grants. Community Services Director Martin advised that per 24 Code of Federal Regulations Part 91.105 by HUD; and Resolution 19-R-024, Marion County Citizen Participation Plan; Marion County is required to hold a public hearing to elicit comment on the Five-Year Consolidated Plan. Marion County Citizen Participation Plan requires that the Community Services Department hold 2 public hearings on the proposed plan, noting the first hearing was held on November 24, 2018 with no public comment received. Ms. Martin stated today's hearing is to share the draft plan with the citizens to elicit any comments based on

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the proposed plan, noting all comments will be included in the plan and will be considered by staff. She advised that public comment is being accepted through July 23,2019. Ms. Martin presented a 2 page handout, which reflects grants and proposed projects associated with CGBG, ESG, HOME, State Housing Initiatives Partnership (SHIP) and Neighborhood Stabilization Program (NSP) projects. She presented a brief PowerPoint presentation and provided an overview of the HUD Five-Year Consolidated Plan FY 2019­2023 and 2019-2020 Annual Action Plan, noting the Five-year Consolidated Plan (budget) will be submitted to HUD on August 16, 2019. Ms. Martin advised that the top 5 needs identified in Marion County were: 1) housing; 2) public service programs; 3) economic development type activities; 4) infrastructures and community facilities; and 5) elimination of vacant and rundown buildings. The 3 priorities the Department will address in the 5 Year Plan are community development, essential housing, and homelessness. Staff has identified 10 goals, based on the community assessments are: 1) public service; 2) public infrastructure; 3) non-profit facility projects; 4) new housing construction; 5) housing rehabilitation and reconstruction; 6) acquisition; 7) purchase assistance; 8) street outreach; 9) tenant based rental assistance; and 10) homeless prevention. Chairman Stone opened the floor to public comment. There being none, Chairman Stone advised that public comment is now closed. Chairman Stone reiterated that public comment will continue through July 23,2019. A motion was made by Commissioner Gold, seconded by Commissioner Moore, to approve the public hearing for public comment on the HUD Five-Year Consolidated Plan FY 2019­2023 and Annual Action Plan FY 2019-2020. In response to Chairman Stone, Ms. Martin advised that staff met with each municipality to discuss their needs, noting the plan is to serve the entire County. She stated staff is also updating the low income census map and will be bringing forth those changes for Board review. The motion was unanimolJsly approved by the Board (5-0). (Ed. Note: The Deputy Clerk did not receive a copy of the PowerPoint presentation for the record.)

6C. PUBLIC HEARING - To Consider an Application for a Solid Waste Commercial and Residential Collection Service Franchise - Premier Waste Services LLC Environmental Services Director Jody Kirkman, Solid Waste, presented the following recommendation:

Description/Background: Marion County Code, Chapter 16-Divison 2, Sections 48 and 49 authorize the Applicant to request a public hearing of the Board of County Commissioners for approval of a new franchise and request the appropriate action. The Solid Waste department has a complete application requesting a new franchise from Premier Waste Services, LLC. The Board at the public hearing shall determine if the Applicant is capable of complying with the provisions of the County Code and other applicable rules and regulations, and whether there is a public need for refuse collection that is in the best interest for the health, safety and welfare of the County. As required by County Code, Gerald B. Lourenco, has caused to be published a notice in the newspaper of general circulation within the County that Premier Waste Services, LLC intends to present their application at this public hearing and that such notice was published at least ten (10) days prior to the public hearing. BudgeUlmpact: None.

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Recommended Action: Request motion to approve the resolution for the purpose of awarding a commercial and residential collection service franchise to Premier Waste Services, LLC.

Deputy Clerk Windberg presented Proof of Publication No. A000955381, entitled, "Notice of Public Hearing for Award of a Solid Waste Collection Service Franchise for the Collection, Transportation and Disposal of Commercial & Residential Solid Waste", published in the Star Banner newspaper on July 4, 2019. The Notice states the Board will consider awarding a franchise to Premier Waste Services, LLC. Environmental Services Director Jody Kirkman advised that per Marion County Code, Chapter 16, Division 2, Sections 48 and 49 authorizes an applicant to request to set a public hearing for Board consideration. In response to Commissioner Moore, Mr. Kirkman stated revisions were done in the entire Code (no sunset) and the franchise, if approved, will go forward unless there is a problem. Chairman Stone questioned experience level related to the franchise. Mr. Kirkman stated that he did not recall experience level being one of the main criteria, noting insurance and bonds need to be in place before the franchise is upheld. Chairman Stone opened the floor to public comment. There being none, Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to adopt Resolution 19-R-234 awarding a commercial and residential collection service franchise to Premier Waste Services, LLC. The motion was unanimously approved by the Board (5-0). Resolution 19-R-234 is entitled:

A RESOLUTION TO AWARD A FRANCHISE FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF COMMERCIAL AND RESIDENTIAL SOLID WASTE IN MARION COUNTY TO PREMIER WASTE SERVICES, LLC

10. COMMITTEE ITEMS: NONE.

12. COMMISSIONER ITEMS: 12A. GENERAL PUBLIC COMMENT: Scheduled requests will be heard first and limited to five (5) minutes. Unscheduled speakers will be limited to two (2) minutes. Citizens may contact Marion County Administration by 5:00 p.m. the Friday before the meeting at 352­438-2300 to request to speak or sign up online at: www.marioncountyfl.org Roger Knechtel, SE 97th Terrace, Summerfield, commented in the need to protect the farming industry. Chairman Stone advised that public comment is now closed.

12B. Commission Comments Commissioner Zalak stated he had nothing further to add.

Commissioner Moore opined that the Board may want to consider allowing a Veteran to lead the Pledge of Allegiance at regularly scheduled Board meetings. He thanked all first responders and employees for keeping Marion County great.

Commissioner Gold stated he had nothing further to add.

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Chairman Stone advised that she received a request from the Community Foundation for Ocala/Marion County for her to join their Board as a representative of the BCC to help consider various needs for the community. Commissioner Zalak concurred and opined that going forward future appointments should automatically be the BCC Chairman. It was the general consensus of the Board to allow Chairman Stone to represent the BCC on the Community Foundation Board. Chairman Stone commented on the coastal clean-up project for 2019, noting there are community efforts at various water bodies, noting if citizens are interested in helping, to reach out to Commission Executive Assistant Nadja Griffis who will provide details for volunteering. Chairman Stone reminded citizens of the Barking Block Party to be held at the Marion County Animal Services on July 20, 2019. Chairman Stone stated she had an opportunity to discuss the Census 2020 with the Bridges Group, along with Chandra Lloyd with Census 2020. The group asked Chairman Stone to return comments to the BCC of the importance for Census 2020. She requested Whitfield Jenkins (activist with 2010 Census) give consideration to join the Complete Count Committee. Chairman Stone advised that the Census 2020 Bridges Group requested funding assistance from the BCC, noting there may be some grant assistance through the Community Services Department. Chairman Stone advised that she will be unable to attend the August 6, 2019 regularly scheduled Board meeting, noting Vice-Chairman Moore will lead the meeting on her behalf. She requested the Board elect another Commissioner to serve as Vice-Chairman for that meeting. Clerk Ellspermann questioned whether the Vice-Chairman has signature authority on behalf of the Chairman. Mr. Minter advised that the Vice-Chairman has signature authority. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to appoint Commissioner Gold as Vice-Chairman for the August 6,2019 BCC meeting. Chairman Stone advised that she fully supports becoming an honorary member of Horse Farms Forever.

Commissioner Bryant stated Chuck Nadd, United States Army Aviation Officer and Blackhawk Pilot, operates a not-for-profit called Operation American Dream. She advised that when there is a loss of a first responder, the organization sets up scholarship funds that stay within the community and are used for surviving children of those fallen responders. Commissioner Bryant recommended the Board look at the organization to see what they do for the community.

12C. Commission Calendar

13. NOTATION FOR RECORD: 13A. County Administrator Informational Items: 13A1. Present Minutes of the Regular Meeting of the Board of Supervisors of the Candler Hills East Community Development District Held August 21, 2018 13A2. Present Minutes of the Regular Meeting of the Board of Supervisors of the Indigo East Community Development District Held August 21,2018 13A3. Present Minutes of the Regular Meeting of the Board of Supervisors of the Candler Hills East Community Development District Held November 20, 2018

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13A4. Present Minutes of the Regular Meeting of the Board of Supervisors of the Indigo East Community Development District Held November 20,2018 13A5. Present Minutes of the Regular Meeting of the Board of Supervisors of the Indigo East Community Development District Held February 19, 2019 13A6. Present Minutes of Regular Meeting of the Board of Supervisors of the Candler Hills East Community Development District Held February 19, 2019 13A7. Present Informational Notice Dated June 12,2019 from the Federal Communications Commission Providing Notice of a New Section 106 Filing 13A8. Present Notice Dated June 20,2019 from The Secretary of the Interior Concerning Payments Issued under the Payments in Lieu of Taxes (PIL T) Program 13A9. Present Letter Dated June 24,2019 from Dynamic Environmental Associates, Inc., Regarding Proposal by Gulfstream Towers, LLC to Construct a New Telecommunications Tower in Marion County 13A 10. Present Letter Dated June 25, 2019 from the Palm Beach County Board of County Commissioners Regarding Human Trafficking Hotline Awareness Signage 13A11. Present Letter Dated June 27, 2019 from Duke Energy Regarding Vegetation Management Within the Right-of-Way (ROW) Corridor 13A 12. Present the Ocala/Marion County Chamber and Economic Partnership (CEP) June 2019 Activity Report and Performance Matrix 2019 YTD 13A13. Present Letter Dated July 1,2019 from the United States Department of Agriculture (USDA) Proposing the Ocala 2019 Post-Fire Wildlife Habitat Improvement Project 13A14. Present Letter Dated July 2,2019 to the Federal Aviation Administration (FAA) from Commissioner Kathy Bryant Regarding Marion County Airport (X35) Aerobatics Waiver

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

13C. General Informational Items: 13C1. Marion County Health Department - For the Latest health news and information, Visit the Website at http://marion.floridahealth.gov/

130. Clerk of the Court: 1301. Present Regular Report of Utilization for Reserve for Contingencies 1302. Present Monthly Report for the Building Department Budget and Actual 1303. Present Memorandum From David R. Ellspermann, Clerk Of The Circuit Court And Comptroller, Regarding The Filing Of Ordinances 19-11 And 19-12 With The Secretary Of State's Office 1304. Present The Village Community Development District No.4 Fiscal Year (FY) 2019­20 proposed Budget

13E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Marion County Hospital District Board of Trustees (MCHD) - May 20 and June 3,

13E2. Planning & Zoning Commission (P&Z) - May 29,2019 13E3. St. Johns River Water Management District (SJRWMD) - For Minutes and Agendas, Visit the Website at https:llwww.sjrwmd.com 13E4. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at http://www.WaterMatters.org

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13E5. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http://www.ocalafl.org/tpo 13E6. With lacoochee Regional Water Supply Authority (WRWSA) - For Minutes and Agendas, Visit the Website at http://www.wrwsa.org 13E6a. Present Letter Dated June 28, 2019 from Richard Owen, Owen Consulting Services, to the With lacoochee Regional Water Supply Authority Regarding Termination of Agreement for Executive Director Services

There was a recess at 10:32 a.m. The meeting reconvened at 2:05 p.m. with all members present.

Also present were: Growth Services Director Sam Martsolf, Senior Planners Chris Rison, Ken Weyrauch and Kimberleigh (Kim) Dinkins, Administrative Staff Assistant Stephanie Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G. Minter, County Administrator Mounir Bouyounes, Assistant County Administrator (ACA) Angel Roussel, and County Engineer Tracy Straub.

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

14. PLANNING & ZONING AND DRe WAIVER REQUESTS (AT 2:00PM): Deputy Clerk Lewter advised that there are 2 Proofs of Publication to be presented for this afternoon's meeting. The first Proof of Publication is entitled "Notice of Change of Land Use, Marion County Comprehensive Plan", published in the Star Banner newspaper on June 10, 2019. The Notice stated the Board will consider Comprehensive Plan Amendment 19-L02 (Item 14C2), Large Scale Future Land Use Map (FLUM) Amendments. The second Proof of Publication is entitled, "Notice of Intention to Consider Adoption of an Ordinance", published in the Star Banner newspaper on July 1, 2019. The Notice states the Board will consider approving Comprehensive Plan Amendment, rezoning and/or Special Use Permit applications, as well as considering adoption of a proposed Ordinance. Chairman Stone stated the County Attorney will now address the process for today's zoning hearings. County Attorney Matthew G. Minter provided a brief overview of the process for today's zoning and Special Use Permit hearings. He noted the applicant will be given an opportunity to give their initial presentation to the BCC or they may wait until after public comment, at which time the applicant (or agent) will respond. Ifa speaker has questions for the applicant, they must address the BCC at the podium and the Board will then, in turn, direct those issues to the applicant for a response.

14A. Planning and Zoning Consent Items: Growth Services Director Sam Martsolf advised that the nine (9) petitions listed on the consent agenda are recommended for approval by both the Growth Services Department and the Planning and Zoning (P&Z) Commission. He stated the consent agenda items will be acted on in one motion, as follows:

ITEM NUMBER

OWNER FROM-TO ACREAGE

1 19-503 Todd Rudnianyn- James Sweeney High Residential to Commercial

7.74

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2 190701Z Todd Rudnianyn- James Sweeney PUD to B-2 7.74 3 190702Z Juan J. Munoz A-I to R-4 1.92 4 190705Z Obed and Ivania Bosch R-4 to R-I 11.92 5 190706SU Obed and Ivania Bosch Special Use Pennit in R-l 11.92

6 190708SU Elaine Dispoto, Musical Perfonnance Group of Ocala Inc.

Modification of Special Use Pennit in R-I

0.25

7 190709SU Sandra Kimble, Wolves Den Ranch K-9s

Special Use Pennit in A-I 3

8 190710SU Beverly Tindal Crumpler Special Use Penn it in A-I 1.22

9 190712SU Fort McCoy Investments LLC Modification of Special Use Permit in B-4 and M-I

0.73

PLANNING AND ZONING COMMISSION RECOMMENDATION Motion was made by Mr. Gaekwad and seconded by Mr. Kroitor to agree with staff's findings and recommendation, and recommend approval of the following Consent Agenda items (19-S03, 190701Z, 190702Z, 190705Z, 190706SU, 190708SU, 190709SU, 190710SU and 90712SU) based on the following findings offact: 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 5 to 0

Mr. Martsolf addressed the consent agenda items. Chairman Stone advised that Items 14A 1, 14A2, 14A7 and 14A9 have been pulled for discussion. Chairman Stone opened the floor to public comment. There being none, Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve consent agenda items 14A3 through 14A6 and 14A8, agreeing with Growth Services Department staff and the P&Z Commission recommendations, based on findings that the proposed uses are compatible with the surrounding land uses, are consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). The motion approved the consent agenda items as follows:

14A3. 190702Z - Juan J. Munoz, A-1 to R-4, 1.92 Acres The Board granted a petition by Juan J. Munoz, 7945 SE Highway 42, Summerfield, FL, (owner/applicant) for a Zoning Change, Alticles 2 and 4, of the Marion County Land Development Code, from A-1, (General Agriculture) to R-4 (Mixed Use Residential), for all permitted uses, on approximately 1.92 Acres, on Parcel Account No. 41829-002-00.

14A4. 190705Z - Obed and Ivania Bosch, R-4 to R-1, 11.92 Acres The Board granted a petition by Obed and Ivania Bosch, 4700 SW 115th Street, Ocala, FL, (owner/applicants) for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from R-4 (Mixed Use Residential) to R-1, (Single Family Dwelling), for all permitted uses, on approximately 11.92 Acres, on Parcel Account No. 23813-002-00. (w/190706SU)

14A5. 190706SU - Obed and Ivania Bosch, Special Use Permit in R-1, 11.92 Acres

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The Board adopted Resolution 19-R-235 granting a petition by Obed and Ivania Bosch, 4700 SW 115th Street, Ocala, FL, (owner/applicants), for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for farm animals including up to four (4) horses, up to eight (8) goats, one (1) pig, one (1) cow, and up to twenty (20) chickens. Also, approval of the location of the new main residence slightly to the rear of the existing residence (to remain as a guest cottage), in an R-1 (Single Family Residential) zone, on approximately 11.92 Acres, on Parcel Account No. 23813-002-00. (w/190705Z). Resolution 19-R-235 contained the following Conditions:

1. A maximum of up to 4 horses, up to 8 goats, 20 chickens, one pig and one cow. The special use shall run with the owner (Mr. and Mrs. Bosch) and not the property.

2. Any accessory building related to the housing or shelter of the horses shall be in conformance with the Marion County Land Development Code.

3. Existing mature vegetation shall be maintained or be replaced if removed. Any area that becomes thinned or fails to provide opaque buffer shall be re­established immediately.

4. The Special Use Permit is effective for the total 11.92-acre site and shall terminate if there is a division or subdivision of the property.

5. The Special Use Permit shall expire on July 16, 2024; however, it may be renewed administratively for up to five (5) years by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development

Code, the County Code of Ordinances, and/or the conditions of the Permit,

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

c. The Growth Services Director determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit.

14A6. 190708SU - Elaine Dispoto, Modification to Special Use Permit in R-1, .25 Acres The Board adopted Resolution 19-R-236 granting a petition by Elaine Dispoto, c/o Musical Performance Group of Ocala Inc., 4360 SE 60th Street, Ocala, FL, (owner/applicant) for a Modification to Special Use Permit #170804SU /17-R-345, Articles 2 and 4, of the Marion County Land Development Code, to change FCC FM license holder from Agape World Christian Ministries and Training Center, Inc. to Musical Performance Group of Ocala, Inc., in an R-1 (Single Family Dwelling) zone, on approximately .25 Acres, on Parcel Account No. 3581-005-009. Resolution 19-R-236 contained the following Conditions:

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

2. This Special Use Permit is limited to one tower only as indicated on the conceptual plan. Any additional towers or any increase in tower height above 50' shall require a new Special Use Permit review.

3. No additional roadway traffic shall be generated by the operation of the radio station.

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4. Broadcast data and content for the radio station shall be sent using the internet.

5. This Special Use Permit for the low power FM radio station and tower structure runs with the FCC FM license holder only (currently Agape World Christian Ministries). If the FCC FM license is transferred to either Elaine Dispoto or Musical Performance Group of Ocala Inc. then the SUP thereafter shall run with that entity.

6. In the event that the FCC FM license for the radio station or the use of the tower is discontinued for a period of 180 consecutive days, the tower shall be deemed abandoned by the Growth Services Director and shall be subject to removal in accordance with the procedures in the Marion County Land Development Code, Section 4.3.25 (H) "Abandonment of Communication Towers".

14A8. 190710SU - Beverly Tindal Crumpler, Special Use Permit in A-1, 1.22 Acres The Board adopted Resolution 19-R-237 granting a petition by Beverly Tindal Crumpler, ET, PO Box 881, Weirsdale, FL, (owner/applicant) for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for an Adult Family Care Group Home with a maximum of 5 residents, in an A-1 (General Agriculture) zone, on approximately 1.22 Acres, on Parcel Account No. 50059-000-00. Resolution 19-R-237 contained the following Conditions:

1. The Adult Group Home/Assisted Living Facility shall be limited to four residents/clients.

2. At least one staff member is to be on property at all times. 3. The facility shall maintain the existing single-family residential facade. 4. The Adult Group Home/Assisted Living Facility operation is limited to the

existing primary structure (single-family residential home) as depicted in the concept plan. Expansion of the structure, or an increase in the number of residents is prohibited. However, the applicant may submit a new Special Use Permit application for consideration for a future expansion and subsequent increase in residents/clients.

5. Any associated signage shall comply with Marion County Land Development Code regulations for home occupation signs.

6. Prior to the commencement of operations for this facility, the owner/applicant shall complete a Change of Use/Occupancy Review for the project, including obtaining necessary permits and all necessary reviews (e.g. building, zoning, impact fee, right-of way, fire, etc.).

7. The southern border of the property shall be required to have a fence and working gate at the driveway.

8. The Special Use Permit shall run with Beverly Tindal-Crumpler and not with the property.

9. The Special Use Permit shall expire on July 16, 2024. A new Special Use Permit may be submitted to request a renewal/extension of the current Permit.

14A1. 19-503 - Todd B. Rudnianyn, Tr. and James H. Sweeny III, Tr., Small Scale Plan Amendment from High Residential to Commercial, 7.74 Acres

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The Board considered Small Scale Plan Amendment No. 19-503 by Todd B. Rudnianyn Tr. And James H. Sweeney III, Tr., (owners/applicants), 2441 NE 3rd Street, Suite 201, Ocala, FL, for a Land Use Change, Articles 1, 2 and 3 of the Marion County Land Development Code, from High Residential to Commercial, on approximately 7.74 acres of Parcel Account No. 35699-006-04. Senior Planner Chris Rison advised that this is a paired application with a Small Scale Comprehensive Plan Amendment and a rezoning request. The request is for a site located off of Southwest 95th Street, east of SW 60th Avenue, which was previously part of a Planned Unit Development (PUD) for a 10 acre parcel. He stated the northern portion of the original parcel is now part of the Freedom Crossing residential PUD and the southern portion of the property is currently commercially designated. Mr. Rison stated the application for the Small Scale Amendment is to convert a portion of the property from High Density Residential to Commercial to create a unified site to the southern portion of the property. The rezoning request will make the commercially designated area zoned B-2 (Community Business), which would be consistent with the properties to the west. The Commercial area would form a perimeter around Freedom Crossing Residential PUD. Staff is recommending approval of the Comprehensive Plan Amendment and the rezoning request. Todd Rudnianyn, NE 3rd Street, Suite 201, advised that originally a blended overlay was utilized, which allowed for commercial and residential throughout the parcel as a mixed use project. There is an existing berm on the east end of the property. Chairman Stone opened the floor to public comment. Bob Morgan, SW 128th Avenue, Dunnellon, addressed concern with the increased number of zoning changes that continue to come before the Board and the number of vacant commercial buildings in the County. Chairman Stone advised that public comment is now closed. Mr. Rudnianyn advised that the site is infill and essentially, they are trying to make it uniform for the community. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to adopt Ordinance 19-14 adopting Small Scale Plan Amendment No. 19-503, agreeing with the 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 19-14 is entitled:

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

2019-S03, TODD B. RUDNIANYN, TR & JAMES H. SWEENY III, TR

7.74 ACRES (Portion of) PARCEL # 35699-006-04

FROM HIGH DENSITY RESIDENTIAL AND COMMERCIAL TO COMMERCIAL

PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR FINDINGS; PROVIDING FOR APPEALS; PROVIDING FOR

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SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE.

14A2. 190701Z - Todd B. Rudnianyn, Tr. and James H. Sweeny III, Tr., PUD to B-2, 7.74 Acres The Board considered a petition by Todd B. Rudnianyn, Tr. And James H. Sweeny III, Tr., 2441 NE 3rd Street, Suite 201, Ocala, FL, (owner/applicants) for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from PUD, (Planned Unit Development) to B-2 (Community Business), for all permitted uses, on an approximate 7.74 "Portion Of' 9.68 Acres, on Parcel Account No. 35699-006-04. (w/19-S03) This matter was addressed with Item 14A 1. A motion was made by Commissioner Zalak, seconded by Commissioner Moore, to approve the Zoning Change from PUD, (Planned Unit Development) to B-2 (Community Business), with the addition of a type "D" buffer, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with the 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).

14A7. 190709SU - Sandra F. Kimble, Wolves Den Ranch K9s, Special Use Permit in A-1, 3 Acres The Board considered a petition by Sandra F. Kimble, c/o Wolves Den Ranch K9s, 11080 SW 11 Oth Avenue, Dunnellon, FL, (owner/applicant) for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for the operation of a kennel, in an A-1 (General Agriculture) zone, on approximately 3.0 Acres, on Parcel Account No. 35300­230-24. Senior Planners Kimberleigh (Kim) Dinkins advised that staff received one electronic mail (email) in opposition of the Special Use Permit. The opposition was related to noise concerns. She stated the kennel has been in operation for approximately 6 years and staff included Conditions that will mitigate noise concerns. Commissioner Bryant stated there have been no complaints in the 6 years the applicant has been operating. Ms. Dinkins concurred, noting the applicant has already implemented all of the practices identified in the Conditions. Chairman Stone opened the floor to public comment. Susan Soltysiak, SE 132nd Court, Weirsdale, commented on the lengthy adoption process that takes place for the puppies and the quality of care provided by the applicant. Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Zalak, seconded by Commissioner Bryant, to adopt Resolution 19-R-238 granting the Special Use Permit with Conditions 1 through 11, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). Resolution 19-R-238 contained the following Conditions:

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

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

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3. The owners/operator, Sandra Kimble, shall reside on site. 4. All dog waste shall be collected daily and removed from the site at least

weekly. 5. All lighting onsite shall be directed away from neighboring properties (pointed

down) and shielding provided to prevent the overflow of light into the neighboring properties.

6. The Special Use permit allows up to nine breeding dogs (a combination of males and/or females).

7. This permit allows for sale of puppies bred and delivered onsite directly to clients, but does not allow the sale of puppies or dogs to pet stores, flea markets or other, non-direct entities.

8. No commercial boarding of dogs/puppies shall occur on-site. This does not include the boarding for the purpose of breeding dogs or assisting with temporary care for dogs of family members or friends, as may be requested from time to time, without compensation.

9. The Special Use Permit shall expire on July 16, 2023; however, it may be renewed administratively for up to 5 years by a written instrument signed and issued by the Growth Services Manager (or position equivalent to the Growth Services Manager at that time), unless:

a. There have been unresolved violations of the County Land Development Code, the County Code of Ordinances, and/or the conditions of the Permit,

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

c. The Growth Services Manager determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time).

10. Dogs on property under this special use permit shall not be kept in outside runs before 7:00 am or after 10:00 pm.

11. Outdoor kenneling or boarding of dogs shall be prohibited, except during times of active training/exercise.

14A9. 190712SU - Fort McCoy Investments LLC., Modification of Special Use Permit in B-4 and M-1, .73 Acres The Board considered a petition by Fort McCoy Investment LLC, c/o Vishal Patel, 11516 E Highway 316, Fort McCoy, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for alcohol sales (existing liquor store) within 500 feet of a park or church, in a B-4 (Regional Business) and M-1 (Light Industrial) zone, on approximately .73 Acres, on Parcel Account No. 09529-002-01. Commissioner Zalak addressed concerns in the neighborhood and questioned if there were any unresolved Code Enforcement issues or Code issues. Ken Odom, Growth Services, advised that there have been no Code Enforcement issues, noting as part of the stipulation for administrative renewals there cannot be any unresolved violations of County Land Development Code, Ordinances or County permits.

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Mr. Martsolf stating an anonymous call came into his office advising that the applicant was selling alcohol on Sunday and that there was a new owner. Staff has visited the location and no violations were found. Mr. Odom advised that there was a Special Use Permit that began in 2017. The original timeline was to last until July 19, 2021, but with the sale of the business the timeline will be changed with the new Special Use Permit and will expire on July 16, 2022. He stated the Special Use Permit, if approved, could be renewed Administratively as long as there were no violations of any of the Conditions or other Code Enforcement violations. In response to Commissioner Zalak, Mr. Odom advised that the proposed language is similar to the language in the original Special Use Permit. He stated the applicant is aware that there is not a Special Use Permit in place at this time. Commissioner Moore questioned if there were any concerns expressed by members of the church or attendees of the park. Mr. Odom advised that staff has not received any negative correspondence related to this item. A motion was made by Commissioner Zalak, seconded by Commissioner Gold, to adopt Resolution 19-R-239 granting the Special Use Permit with Alternate Approval Conditions 1 through 4, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0). Resolution 19-R-239 contained the following Conditions:

1. Liquor sales shall be limited to the hours of 10:00 AM to 9:00 PM, Monday through Thursday, and 10:00 AM to 10:00 PM, Fridays and Saturdays. No liquor sales will be allowed on Sundays.

2. The Special Use Permit shall run with the applicant (Vishal Patel) and not the property.

3. The Special Use shall terminate upon closure or sale of the business. Sale of the business shall constitute a requirement to re-apply for a Special Permit to continue operations.

4. The Special Use Permit shall expire July 16, 2022; however, it may be renewed administratively for up to 3 consecutive times by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development

Code, the County Code of Ordinances, and/or the conditions of the Permit,

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

c. The Growth Services Director determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit review process (or review process equivalent at that time).

148. DRC Waiver Requests and Public Hearings:

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1481. Request to Uphold DRC's Denial Regarding Multiple Utilities LDC Waivers for Neighborhood Storage Center #5 (NSC 5) Expansion Parcel Number 31410-000-00, Application Number 23500 The Board considered the following recommendation from Growth Services Director Sam Martsolf, on behalf of the Development Review Committee (DRC):

Description/Background: 1. Section 6.14.2.C(1) - Water Connection Requirements of the Land Development

Code provides that all new developments shall connect to an existing central water system if a system with available capacity has distribution lines within a distance equal to or less than 400 feet times the total number of ERCs within the project at build out. The applicant's statement of justification for the requested waiver is as follows:

The applicant requests waiver because there are no planned bathrooms in the new buildings, only hose bibs. Historical flow measurements at this and other sites show extremely low water usage so continued operation of the existing well is justifiable. Hose bibs would be a de minimis impact on the aquifer.

DRC action on June 3, 2019, by a vote of 5-0, was to deny the request. 2. Section 6.14.4.E - Total Capital Charges of the Land Development Code

provides that total capital charges shall be based on ERC units multiplied by the current connection charges as set forth in Ordinance 08-27, as amended. The applicant's statement of justification for the requested waiver is as follows:

The applicant requests a waiver for no charges for water and reduced charge for sewage. Current charges set by Ordinance 08-27, wherein gpd flow converted to ERC's for calculation of developer connection costs are not in line for this type of establishment. Attached spreadsheet shows 2 weeks of flow at this site and 10 months of meter readings at a similar site.

DRC action on June 3, 2019, by a vote of 5-0, was to deny the request. 3. Section 6.18.2.B - Fire Flow of the Land Development Code provides that all new

developments and new or altered commercial occupancies over 1,200 square feet in size, excluding single-family residences or duplexes, shall provide a fire department water supply as stated in this section of code. The applicant's statement of justification for the requested waiver is as follows:

The applicant requests a waiver for use of fire water storage tank because, although central water is available, it is not economically feasible to bore and jack under Baseline Road to wet tap the 12" main and install other applicable appurtenances.

DRC action on June 3,2019, by a vote of 5-0, was to deny the request for the dry hydrant based on the previous denial for connection to water and then a fire hydrant will have to be installed, or fire hydrants, based on the engineer's decisions. Budget/Impact: None. Recommended Action: Motion to uphold the Development Review Committee's (DRC's) denial regarding multiple utilities LDC waivers for Neighborhood Storage Center #5 (NSC 5) expansion parcel number 31410-000-00, application number 23500.

Mr. Martsolf commented on the waiver request by Neighborhood Storage Center #5 (NSC 5) Expansion and the DRC recommendation for denial.

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Commissioner Gold out at 2:34 p.m. Environmental Services Director Jody Kirkman advised that the applicant was able to work with Marion County Fire Rescue staff to utilize the existing system with the addition of a hydrant to meet the fire flow requirements. He stated the department was able to address all other issues and the waivers are no longer required. Mr. Bouyounes advised that no further action is required at this time.

14C. Planning and Zoning Items for Individual Consideration: 14C1. 190715RA- Gilberto and Zindia Rodriquez, Reasonable Accommodation The Board considered a petition by Gilbert and Zindia Rodriguez, 14430 SW 18th Place, Ocala, FL, (owner/applicants) for a Reasonable Accommodation under the Fair Housing Act, for the opportunity for neighboring property owners to present any factual information that should be considered with respect to any adverse impacts that might affect neighboring properties by the granting of the application to keep 2 miniature goats on the subject property, and what reasonable conditions might improve the effect of this situation, in an R-1 (Single Family Dwelling) zone, on approximately .47 Acres, on Parcel Account Nos. 2001-009-016 and 2001-009-017. Senior Planner Chris Rison provided a brief overview of the request for Reasonable Accommodations for 2 miniature goats. Growth Services Department is recommending approval upon observance of the following Conditions:

1. A maximum of two (2) miniature goats shall be allowed to be kept on the subject property, which shall be maintained as a single holding including both lots (16 & 17). In the event the lots are split/separated, the Special Use Permit shall terminate.

2. The miniature goats shall not be allowed to roam free in the neighborhood, and shall be contained on-site through appropriately acceptable means (e.g., pens, pastures, runs, etc., all suitably fenced).

3. The Special Use Permit shall run with the property owners (Gilberto and/or Zindia Rodriguez) and not the property.

4. The owners (Gilberto and Zindia Rodriguez) shall reside on-site, and in the event Gilberto Rodriguez no longer resides on the property, the Special Use Permit shall expire.

5. The Special Use Permit shall expire upon the functional removal of the two (2) miniature goats from the subject property. Temporary removal of either, or both, miniature goats to accompany the patient Gilberto Rodriguez when away from the property, or to provide care for the miniature goat(s) (e.g., veterinarian, etc.), shall not be considered functional removal.

6. The Special Use Permit shall expire upon the termination and/or expiration of the doctor's written finding/prescription of the need for a therapeutic service animal for Gilberto Rodriguez.

In response to Commissioner Moore, Mr. Minter advised that Reasonable Accommodation requests are similar to Special Use Permits, noting a Reasonable Accommodation does not mean any accommodation that a person requests. For instance, the Board, after hearing public comment, could consider whether a single goat or another type of animal will be an adequate Reasonable Accommodation. It is up to the Board's discretion based on the evidence heard during the proceeding. Commissioner Gold returned at 2:39 p.m.

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India Rodriguez, SW 18th Place, commented on her husband's medical issues and advised that the goats are companion animals for him while she is at work. She stated the property and animals are well maintained Chairman Stone questioned how long the goats have been at the residence. Ms. Rodriguez stated the goats have lived on the property for approximately 7 months. In response to Commissioner Moore, Ms. Rodriguez advised that medical documentation was submitted with the application. Chairman Stone opened the floor to public comment. There being none, Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to approve the Reasonable Accommodations with Conditions 1 through 6. Commissioner Zalak questioned if there is a pen or fenced in area on the property. Mr. Rison advised that chain link fencing covers the pen in the center of the property and the overall property is fenced, as shown on the overhead screens. The motion was unanimously approved by the Board (5-0).

14C2. 19-L02 - Shores Sand Mine LLC., Commerce District to Commerce District with Construction and Demolition Debris Landfill, 43.69 Acres (Transmittal Hearing) The Board considered transmittal of the Future Land Use Map (FLUM) Large Scale Comprehensive Plan Amendment No. 19-L02 by Shores Sand Mine, LLC, c/o Stan Salser, (owner/applicant), 4171 SE 20th Street, Ocala, FL, from Commerce District to Commerce District with Construction and Demolition Debris Landfill on 43.69 acres of Parcel Account No. 9030-0728-01. (with 190202SU) Senior Planner Dinkins advised that Items 14C2 and 14C3 are companion Land Use Amendment and Special Use Permit requests. The application is for a Construction and Demolition (C&D) Debris landfill in Marion County, which requires a Land Use Amendment. The property is located on Emerald Road, south of Maricamp in Silver Springs Shores. It is roughly 43.7 acres and zoned M-1 (Light Industrial) and R-3 (Multiple Family Dwelling). She stated the future land use is Commerce District, which was rezoned administratively in 2014 with the overall Comprehensive Plan Amendment. The requested R-3 zoning is not consistent with the Commerce District Land Use and would need to be addressed if the applicant desired to develop the property for residential use. Ms. Dinkins stated in 1997 the Board approved a Special Use Permit for a sand mine and the criteria in the Special Use Permit required it to be reclaimed and suitable for Industrial or Residential uses at the end of life of the mine. The requirement is demonstrated in the minutes of the Board meeting and identified in Condition 3 and 11 of the Special Use Permit. She advised that an application came before the Board in 2005, which was denied for the same reasons that staff has recommended denial today. After 2005, the Board enacted a Springs Protection Ordinance, which increased standards for C&D landfills and prohibited those in areas with karst features. The subject area is dominated by Light Industrial Use to the north and east and single family homes to the south and west. Within a half mile radius there are 850 home sites, approximately 300 of those are built and 90 of them were built since the 2005 application was denied. Ms. Dinkins advised that both staff and P&Z Commission recommend denial of the request based on the site being in the Primary Springs Protection Zone and in an area identified in the Comprehensive Plan as most vulnerable for karst activity and groundwater contamination. She stated the site is in close proximity to residential lots that are utilizing wells for their water needs and there are some staff concerns about the proposed site plan,

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noting the plan does not address leachate and containment, treatment, or setbacks that are adequate for the Land Development Code (LDC), as well as the geotechnical report did not include a conclusive statement that the site does not exhibit karts geology. Staff is concerned with the elevation of the ground water, which is within 13 feet of the bottom of the mine. Ms. Dinkins commented on the limited information provided in the concept plan. She reiterated that staff and P&Z Commission recommend denial. Mr. Minter advised that under the P&Z recommendation it shows denial, but the 3 findings listed are in the affirmative. Ms. Dinkins stated there was a scrivener's error in the original agenda document, which has been updated for the Board. In response to Commissioner Moore, Ms. Dinkins stated an unintended consequence of the Administrative Land Use Amendment was that the subject parcel was changed to Commerce District, which does not have a residential component; therefore, creating non­conformity with the Zoning and Land Use. She advised that in 1997 there was supposed to be a reclamation enacted, noting the zoning was determined by the Master Plan for Silver Springs Shores. Commissioner Moore questioned what staff would recommend for the area. Ms. Dinkins advised that staff recommended the applicant request a Land Use Amendment to Employment Center, which would allow both Industrial and Residential uses or to keep the Commerce District with straight M-1 (Light Industrial). Chairman Stone advised that someone did contact her regarding the karst area and prior Board action to close the County's Landfill and send material out of the County. The concern was raised about opening another landfill in the Primary Springs Protection Zone, as well as other abandoned sand mines in the area. Mr. Minter advised that before the Board today is a Comprehensive Plan Amendment, which is a legislative activity. Sometimes there are situations where there is a combined Comprehensive Plan Amendment and concurrent either rezoning or Special Use Permit. He stated a rezoning or Special Use Permit is a quasi-judicial activity; therefore, individuals should not approach the Board about these types of matters outside of the public hearing. Mr. Minter questioned if any other Board members were contacted regarding this application. Commissioner Moore advised that he heard similar statements as Chairman Stone from a constituent, but also heard there is an excessive amount of C&D currently available and that there is not a need for another facility. Commissioners Gold, Zalak and Bryant advised that they heard the same information. David Tillman, Tillman and Associates Engineering, SE 16th Avenue, presented a 5 page document containing pictures of the subject site; an 11 x17 inch chart showing the elevation comparisons; and an 11 x17 inch map of the subject site. He advised that a soles report was performed and there were not any karst features identified within the geotechnical report. Mr. Tillman advised that the proposed facility will be lined, which is not something that is done in the majority of C&D landfills in Marion County. The applicant intends to install a leachate collection system. He stated one of the complaints at the P&Z Commission meeting related to the entrance and the conflicts with trucks backing up on the streets adjacent to the school. The entrance on the site plan has been moved from Emerald Road to one of the unimproved right-of-ways (ROW) (Spruce Road). The applicant will have to improve the ROWand put the entrance on the back side of the facility, which will encourage all trucks to come from the other direction because it will make access to Highway 484 much closer and they will not pass the school.

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Mr. Tillman addressed the buffers and improvements that will need to be completed. He commented on the minimal impact these types of facilities have on the surrounding area. In response to Commissioner Zalak, Mr. Tillman advised that the geotechnical report was provided to staff. Ms. Dinkins stated the report was not included in the agenda packet, but staff will email the report to the Board for review. Chairman Stone opened the floor to public comment. Sam Levin, Mayo Avenue, Maitland, on behalf of PP Investments, commented on the karst features in the area and concern with water quality and odor. He stated bore holes are not enough to determine if there are sink holes, noting ground penetrating radar was not used in the geotechnical survey, but was recommended by staff. In response to Chairman Stone, Mr. Levin advised that he has been a consulting engineer for landfills for 44 years. Steve Rudnianyn, NE 3rd Street, advised that part of the agreement with the BCC back in 1997 was that the site would not be used as a C&D pit, but would be reclaimed. Jerry Lourenco, SE 58th Avenue, expressed support for the C&D Landfill. Chairman Stone advised that public comment is now closed. Mr. Tillman advised that the applicant is willing to add the requirement to perform ground penetrating radar to the Special Use Permit. He stated the leachate collection system is not fully designed for the facility, but it could be designed to avoid chips getting wet within the system. Using a liner leachate system will allow staff to collect the leachate and haul it to a site that is permitted for the disposal, which is a much better solution than allowed it to go straight in the aquifer. Mr. Tillman stated the wall board will be stored separately to keep it from getting wet. There are only 4 of these facilities in Marion County. He requested the Board consider the application and transmit it forward to DEP. In response to Chairman Stone, Mr. Tillman advised that there is specific criteria that will be put in place for DEP when they go through the permitting process, which the applicant will follow. He stated the applicant is looking to find someone with experience in this industry to manage the facility. Commissioner Zalak questioned if the applicant will sign an agreement to maintain the road and entrance, as well as connect to water and sewer. Mr. Tillman advised that the applicant will agree to maintenance of the road and entrance, as well as connect to the water and sewer if needed. In response to Commissioner Zalak, Mr. Tillman advised that there is a clay bottom, but it does not reach high permeability. The applicant could subsidize it with bentonite and mix, which could provide a higher permeability. General discussion ensued. Commissioner Zalak stated all the Board would be doing today is approving the transmittal to Tallahassee for feedback. Mr. Tillman concurred. General discussion resumed. Commissioner Moore questioned why the applicant is not considering residential for the site. Mr. Tillman advised that with the current Land Uses in place it makes more sense to move forward with Industrial. Commissioner Gold commented on the existing noise, smell and traffic in the area. In response to Chairman Stone, ACA Angel Roussel addressed current water quality issues surrounding Lockheed Martin. Chairman Stone questioned if there are any existing C&D Landfills with a liner in a Primary Springs Protection Zone. Ms. Dinkins stated not since the Primary Springs Protection Zone

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was established, noting Southside Recycling Center has a clay liner, but not a HOPE liner that is being proposed with this project. She advised that Southside Recycling has a condition in their Special Use Permit that future cells will be lined, but there are not any in place at this time. Commissioner Zalak advised that there are not a lot of lined C&D Landfills in the State, noting the rule was not put into place until approximately 2015. He commented on the DEP approval process and the types of businesses already operating in the area. In response to Commissioner Gold, Commissioner Zalak advised that it takes approximately 1 year to go through the DEP process. A motion was made by Commissioner Gold, seconded by Commissioner Zalak, to approve transmittal of Large Scale Comprehensive Plan Amendment No. 19-L02 disagreeing 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. In response to Chairman Stone, Mr. Tillman advised that the ground penetrating radar can be completed prior to the next hearing. Ms. Dinkins stated staff's major concern is there is a lot of uncertainty as to the types of materials, the type of operation, how it will be accessed and limited information on the leachate containment system, as well as there are very permeable soils within the site and it is located within a Primary Springs Protection Zone. In response to Chairman Stone, Ms. Dinkins gave a brief overview of how the County determines which areas are most vulnerable. She referred to maps on the overhead screens showing the sink hole activity in the area. General discussion ensued. Commissioner Zalak stated the Comprehensive Plan and the Land Development Code (LDC) have not been updated since the regulation changed from the State level to go from unlined to lined in a landfill. He advised that there have been 5 sinkholes in the last 6 years at the County's landfill. The liner is still in tact and working. The only issue has been with the urban cell, which is unlined. Commissioner Bryant advised that the action being taken today is to transmit for agency comments. Ms. Dinkins concurred. In response to Commissioner Bryant, Ms. Dinkins advised that DEP is one of the reviewing agencies, as well as DEP's Land Use Planning Division, noting staff can request the Solid Waste Division review the documents. Chairman Bryant reiterated that all the Board is doing today is approving the application for transmittal for feedback, noting there will be a lot more discussion once the comments come back to the Board. Commissioner Bryant opined that until DEP makes comments and a full geotechnical study is complete the Board cannot make a decision on the project. In response to Commissioner Bryant, Environmental Services Director Jody Kirkman advised that C&D waste is handled by the private sector, the County takes in more solid waste. Commissioner Zalak stated private haulers take their C&D waste to the private sector due to lower costs. Mr. Kirkman advised that as of July 15, 2019 Solid Waste has begun advertising for people to take these types of waste to other locations. The motion was unanimously approved by the Board (5-0).

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Mr. Bouyounes advised that staff will have to make a special request for the Solid Waste Division of DEP to review the transmittal. He stated staff will consult directly with DEP's Solid Waste Division for recommendations. General discussion ensued. Chairman Stone clarified that the Board would like ground penetrating radar and a Jipson remedy package added to the conditions when the applicant brings back their proposal. Commissioner Zalak requested the applicant work with staff to accommodate requests by the Board and DEP. Commissioner Bryant advised that it would be prudent for the applicant to demonstrate a need for the facility moving forward.

14C3. 190202SU - Shores Sand Mine, LLC., Special Use Permit in R-3 and M-1, 43.69 Acres (Information Only) The Board considered a petition by Shores Sand Mine, LLC, c/o Stan Salser, (owner/applicant) 4171 SE 20th Street, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for a Construction & Demolition Debris Landfill, i~ a R-3 (Multi-Family Dwelling) and M-1 (Light Industrial) zone, on approximately 43.69 Acres, on Parcel Account No. 9030-0728-01. (w/19-L02)

WRITTEN OPPOSITION WITHIN 300 FEET 2 of 61 = 3% PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Lourenco seconded by Mr. Gaekwad to disagree with staffs findings and recommendation, and recommend approval of the requested Large Scale Amendment based on the following findings of fact: 1. Will not adversely affect the public interest 2. Is consistent with the Marion County Comprehensive Plan 3. Is compatible with the surrounding land uses Vote was 2 to 3 with Mr. Thompson, Mr. Kroitor and Mr. Lord dissenting. The request was denied.

This matter was addressed with Item 14C2 (19-L02). Commissioners Moore and Zalak out at 3:49 p.m.

14C4. 190603SU - Yogibapa Investment LLC., Special Use Permit in B-5, 1.35 Acres The Board considered a petition by Yogibapa Investment, LLC, c/o Rahulkumar Patel, (owner/applicant) 2002 NW 1st Avenue, Ocala, FL, for a Renewal and Modification of expired Special Use Permit #1211 04SU (12-R-590), Articles 2 and 4, of the Marion County Land Development Code, to allow 1 FEMA park trailer for security with a modification to allow for a second security FEMA park trailer, in an B-5 (Heavy Business) zone, on approximately 1.35 Acres, on Parcel Account No. 13786-000-00.

WRITTEN OPPOSITION WITHIN 300 FEET 0 of 8= 0% PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad seconded by Mr. Kroitor to disagree with staff's findings and recommendation, and recommend approval of the requested Special Use Permit based on the following findings of fact: 1. Will not adversely affect the public interest 2. Is consistent with the Marion County Comprehensive Plan 3. Is compatible with the surrounding land uses Vote was 5 to 0 to recommend approval with the alternate approval conditions

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(Ed. Note: P&Z Commission recommendation from May 29, 2019 meeting, which was placed on the June 16,2019 Agenda) Senior Planner Dinkins, Growth Services, commented on the Special Use Permit request. The applicant requested 2 Recreational Vehicles (RV) on the site, which was brought before the Board in 2012 and approved for RV. The second RV was never removed and it was sold to the applicant with 2 RVs on the site. Staff sent a letter requesting the Special Use Permit be renewed, at that time staff became aware that the 2 RVs were still present on the property. She advised that the applicant did remove 1 RV off the property. Commissioners Moore and Zalak returned at 3:50 p.m. Ms. Dinkins stated the Special Use Permit approved in 2012 expired in 2015. Ms. Dinkins advised that the Growth Services Department is recommending approval upon observance of the following Conditions:

1. One FEMA trailer for security purposes is allowed. The FEMA trailer currently located on the north side of fhe multi-unit commercial building is authorized. The trailer located in front of the laundromat and west of the standalone t­shirt shop must be removed within 30 days of BCC approval of this Special Use Permit.

2. The applicant must demonstrate that the security residence does not violate state regulations related to sanitary water and wastewater or cause the existing commercial development to violate such standards. If the applicant is unable to meet this condition, the residence must be removed immediately, pending resolution of water and wastewater violation.

3. All buildings on the site must comply with LDC regulations and Florida Building Code requirements in effect at the time of construction.

4. This permit runs with Yogibapa Investments, LLC and shall terminate if there is a sale or subdivision of the property.

5. The Special Use Permit shall expire on June 18, 2024. The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future.

In response to Chairman Stone, Ms. Dinkins advised that someone is living in the RVand the second RV has been removed from the property. She stated staff is concerned with the condition of the RV, noting a mobile home may be a better option if it is going to be a more permanent structure. Rahulkumar Patel, SE 45th Court, advised that when the property was purchased he was unaware of the Special Use Permit, noting the property was purchased "as-is". He stated the reason for the RV is security, which is the main concern due to the area. Commissioner Bryant stated originally the trailer was supposed to be Federal Emergency Management Agency (FEMA) trailer. Ms. Dinkins advised that when it previously came before the Board it was presented as a FEMA trailer, which may have only meant that it was provided as temporary residence during a natural disaster. Commissioner Bryant stated the original request was to have the trailer on the property for security, but could she could not remember if the applicant specified that it would be a FEMA trailer. Ms. Dinkins advised that the previous applicant did specify that it was a FEMA trailer, noting the trailer on site today is the same one that was there during the original application. In response to Commissioner Zalak. Ms. Dinkins stated the second trailer was present when the first application came before the Board in 2012 and was never removed. There

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was nothing that compelled the owner to remove the trailer. They were required to disconnect it from any sort of electrical source or sewage treatment facility. The trailer remained on the property under the pretense it was being stored and not lived in, which was not the case. Growth Services Director Martsolf advised that the trailer is allowed to be stored on B-5 zoned property. Commissioner Zalak questioned why the applicant is using a 55 gallon drum for waste disposal. Mr. Patel advised that he was unaware and only purchased the property in 2016. A letter was received in 2019 and the trailer was removed. He stated the existing trailer is connected to a septic tank and Sunshine Utilities for water. In response to Chairman Stone, Mr. Patel stated the septic tank the trailer is connected to is for the entire property. Commissioner Zalak questioned if the applicant reviewed the LDC or Special Use Permit for the property when purchasing the business. Mr. Patel advised that he was unaware of the Special Use Permit, but did know the property was zoned M-1. Commissioner Bryant stated when a title company does a title search a Special Use Permit does not show. Chairman Stone opened the floor to public comment. There being none, Chairman Stone closed public comment. Commissioner Bryant stated unfortunately it was not disclosed to the current owner that the RV was under a Special Use Permit and it was not disclosed that the RV was originally brought to the Board as a FEMA trailer. Mr. Patel advised that the previous owner told him that the RV was purchased from a FEMA auction, but he does not have any paperwork. In response to Commissioner Bryant, Commissioner Zalak advised that FEMA trailers are handled differently than regular RV sales. He stated this could possibly be a FEMA trailer. Mr. Patel advised that there is a person living in the RV who takes care of the property. General discussion ensued. Commissioner Bryant stated the tarp carport will have to be removed. Mr. Patel advised that his Air Conditioning (AC) repairman is out of town, once he returns the AC will be fixed and the carport will be removed. General discussion resumed. A motion was made by Commissioner Gold, seconded by Commissioner Bryant, to adopt Resolution 19-R-240 granting Special Use Permit with Conditions 1 through 7, as amended below, disagreeing with Growth Services staff and agreeing with the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

1. One RV for security purposes is allowed, as shown in the revised site plan. The RV must remain to the side or rear of the commercial area, consistent with the LDC.

2. The applicant must demonstrate that the security residence does not violate state regulations related to sanitary water and wastewater or cause the existing commercial development to violate such standards. If the applicant is unable to meet this condition, the residence must be removed immediately, pending resolution of water and wastewater violation.

3. All buildings and activities on the site must comply with LDC regulations and Florida Building Code requirements in effect at the time of construction.

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4. The RV must be set on a more stable foundation system than the current jack-type setup. This may include blocks, tie downs or other foundation, at the discretion of the applicant. A roof over constructed of a carport type metal roof structure, matching the existing plaza construction, must be installed to replace the current tarp cover.

5. The RV must be painted and under skirted with material matching color and construction of the retail plaza.

6. This permit runs with Yogibapa Investment, LLC and shall terminate if there is a sale or subdivision of the property.

7. The Special Use Permit shall expire on June 18,2024. A new special use permit will not be considered unless or until a more permanent housing type is provided (Le. a mobile home or other structure able to be permitted by the Building Safety Department).

14C5. 190606SU - Lillian B. Martin, Special Use Permit in A-1, 11.46 Acres The Board considered a petition by Lillian B. Martin, (owner/applicant) 2251 S. US Highway 41, Dunnellon, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, to allow the sale of hay and horse feed, in an A-1 (General Agriculture) zone, on approximately 11.46 Acres, on Parcel Account No. 17355-010-00.

WRITTEN OPPOSITION WITHIN 300 FEET 0 of 13= 0% PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Kroitor seconded by Mr. Lourenco to disagree with staffs findings and recommendation, and recommend approval of the requested Special Use Permit with the alternative approval conditions based on the following findings of fact:

1. Will not adversely affect the public interest 2. Is consistent with the Marion County Comprehensive Plan 3. Is compatible with the surrounding land uses

Vote was 5 to 0 Commissioner Bryant out at 4:11 p.m. Senior Planner Rison, Growth Services, commented on the Special Use Permit request for horse feed and hay sales on a nonagricultural production property. Mr. Rison advised that the Growth Services Department is recommending denial, P&Z Commission is recommending approval upon observance of 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 Special Use Permit shall run with the Owner, Lilly Martin, but may be transferred one time to Dunnellon Farm and Feed Supplies, LLC, a registered corporation in the State of Florida, on that corporation's acquisition of full fee­simple ownership of the site, with no further transfers of the Special Use Permit; this Special Use Permit shall not run with the property.

3. The retail sales are limited to hay and animal feed onsite; all other fertilizer, fencing, or farm supply sales are prohibited.

4. Development of the site shall comply with the applicable commercial use site and building standards including obtaining change of use approvals to establish the proposed use; such evaluation shall be completed via the appropriate site plan process (e.g., Building, Minor, or Major) and/or other plan/permit review standards (e.g., Florida Building Code, Department of

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Health, Florida Department of Transportation) through the development review and building permit process as a commercial operation.

5. Ingress/egress shall be via US Hwy 41, using a suitably designed, constructed, and permitted driveway consist with Florida Department of Transportation and/or Marion County requirements. The owner/applicant shall be responsible for providing the County evidence that the driveway entrance and apron have been designed and constructed in accordance with FDOT standards for the use of tractor trailer trucks, and a permit has been received from FDOT.

6. The applicant shall have the approval of FDOT's review the circulation plan and drainage of the subject property before the selling anything other than hay.

7. Buffers of the site shall meet the Marion County Land Development Code for a commercial use on this site, including compliance with a C-Type Buffer along the US Hwy 41 right-of-way.

8. The hay/feed sales operation of the site shall conform to Section 4.3.21.A(2)(b) of the Marion County Land Development Code concerning parking of commercial vehicles and trailers.

9. The property must be maintained as a working farm with the hay production. 10. Any division of the property shall terminate the Special Use Permit. 11. No lighting on, or of the subject property shall cast direct light off-site, and no­

site lighting shall be higher than 10', when measured from the general ground surface

12. The Special Use Permit shall expire on July 18, 2023. Commissioner Bryant returned at 4:13 p.m. Commissioner Zalak advised that the accessory sale is what makes it not compatible with the LDC. Mr. Rison concurred. Lillian B. Martin, South Highway 41, Dunnellon, advised that her and her husband purchased the property in 1999 and began living on it in 2000. They have been in the agricultural business their entire lives. The building on the property was designed for hay and feed sales. She stated her husband passed away in 2013, Ms. Martin stated the only other feed store in the area is approximately 2 miles down the road and are running out of room with no room tor grow. She advised that the owners of the other feed store would like to eventually purchase the farm, but would like to start using the facilities now. Ms. Martin advised that she is in agreeance with all the conditions set forth by staff. Commissioner Zalak questioned why the applicant did not go through the commercial site plan process. Mr. Rison advised that the site requires a Future Land Use Designation Amendment to request Commercial and then an appropriate zoning classification for the property. The existing structure was built as an agricultural exempt structure, so it does not have any permitting as a commercial structure for commercial activity. Ms. Martin advised that she was under the impression a permit was not required. Commissioner Zalak concurred, but that is only if they are producing the product on the property. Ms. Martin stated hay can be grown and harvested on the property. Commissioner Zalak advised that the applicant can sell hay grown on the property, but as soon as other products are brought in it becomes a commercial business and is no longer covered under the agricultural exemption.

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Mr. Rison stated he spoke with the other feed store owners to address the issues and made them aware if they are still interested in pursuing they could set this site as a satellite location, which will give them the opportunity to determine if the site will work going forward. Commissioner Zalak recommended approving the Special Use Permit for 2 years so the applicant can test to see it is a marketable plan. If it is they can come back to the Board for a Comprehensive Plan Amendment. Chairman Stone opened the floor to public comment. Kent Long, SE US Highway 41, Dunnellon Feed, advised that he was unaware the location was not zoned Commercial, noting the number of surrounding Commercial properties. He addressed the financial investment required to move forward with the project and the products that would be sold on the property. Commissioner Zalak recommended Mr. Long sit down with staff to determine the correct steps to move forward. General discussion ensued. Mr. Bouyounes advised that DRC staff meet every Thursday morning to review the processes with applicants. In response to Commissioner Bryant, Mr. Long stated the building on the site is a steal building that is up to Code. Chairman Stone questioned if staff had been to the property and spoke with the applicant to determine the ultimate goal for the property. Mr. Rison advised that conversations have taken place, noting the difficulty is once they start getting into the sales of other materials it triggers the need for Commercial Land Use Designation/Zoning classifications. Chairman Stone stated that the process is not taking place today and recommended Mr. Long meet with DRC to begin that process. Commissioner Bryant opined that there was a communication gap somewhere along the line and suggested the funds spent on applying for the Special Use Permit be applied to the zoning change process. It was the general consensus of the Board to agree. Mr. Bouyounes advised that no action is needed as the item is withdrawn. Commissioner Gold out at 4:30 p.m.

14C6. 190703Z - Kevin P. Roberson, R-1 to R-4, .20 Acres The Board considered a petition by Kevin P. Roberson, (owner/applicant) 881 NE 120th

Place, Ocala, FL, for a Zoning Change, Articles 2 and 4, of the Marion County Land Development Code, from R-1, (Single Family Dwelling) to R-4 (Mixed Use Residential), for all permitted uses, on approximately .20 Acres, on Parcel Account No. 16159-178-00.

WRITTEN OPPOSITION WITHIN 300 FEET 0 of 40= 0% PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Mr. Gaekwad seconded by Mr. Lourenco to agree with staffs findings and recommendation, and recommend approval of the PUD zoning based on the following findings of fact: 1. Will not adversely affect the public interest 2. Is consistent with the Marion County Comprehensive Plan 3. Is compatible with the surrounding land uses Vote was 5 to 0 of a zoning change to a PUD, allowing a HUD Standard manufactured home with the only conditions being it must be a minimum of 960 sq. ft. (double-wide) and that a carport or garage would not be required.

Senior Planner Chris Rison provided a brief overview of the zoning change request. The request is for a rezoning from R-1 to R-4. The property is located within the Silver Springs

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Community Redevelopment Area (CRA), north of State Road 40. The neighborhood is largely developed with manufactured homes, including the portions that are zoned R-1, because they were installed at a time when manufacture homes were permitted within that area. This is an isolated lot within the R-1 area; therefore, staff recommended denial of the request, but alternatively noted that PUD might be acceptable. He advised that the P&Z Commission did agree with staff that a PUD would be appropriate, but did recommend modification on the conditions that it be required to have at least a double wide manufacture home equivalent on the property and a carport or garage will not be required. Staff is not recommending approval of straight R-4, but instead a PUD with conditions. Kevin Roberson, NE 120th Place, advised that the property was purchased for his mother who is on a fixed income. When considering properties they looked for something with a well and septic tank that could have a mobile home. He stated he was unaware of the different zonings, but figured due to the area being primarily mobile homes that a mobile home could be put on the property. The septic system has been certified and is in good condition. Commissioner Bryant questioned if a mobile home has been selected for the site. Mr. Roberson advised that he is waiting on the outcome of the meeting today. He stated the original plan was to purchase an inexpensive mobile home for the property and repair it, but realized it would not meet the County standards so a newer 2 bedroom 2 bath double wide manufacture home is being considered. Chairman Stone opened the floor to public comment. There being none, Chairman Stone advised that public comment is now closed. Mr. Rison commented on the different types of homes within the surrounding area as shown on the overhead screens. Chairman Stone questioned why a mobile home is not compatible with the area. Mr. Rison advised that there is concern with mixing R-1 and R-4 zoning. The existing mobile homes in the R-1 area are historic and have been there since the 1980's. When those homes are removed the property owners will be required to conform to current requirements. Commissioner Zalak questioned if over time the area will transition to site-built homes. Mr. Rison stated this is an area where the County could look to increase densities to promote revitalization and redevelopment. These properties could end up being developed more intensely. He advised that there was a single wide mobile home on the subject parcel in the past. In response to Chairman Stone, Mr. Rison advised that the property is 0.2 acres. Commissioner Bryant stated if a new double wide mobile home is placed on the property it will be approximately 25 years before it is removed. She advised that the County would not be consistent if 1 lot is PUD surrounded by R-1. Chairman Stone commented on the possibility of the County purchasing property in the area with Community Development Block Grant (CDBG) funds. Mr. Rison advised that this neighborhood is one of the areas considered for CDBG program, as this area does not have water or sewer systems. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to approve the Zoning Change from R-1 (Single Family Dwelling) to R-4 (Mixed Use Residential), disagreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with the surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest.

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In response to Commissioner Zalak, Mr. Rison advised that R-3 (Multiple Family Dwelling) does allow for manufactured homes, noting due to the size of the lot the applicant would have to assemble more lots to be able to be R-3, as well as change the land use designation. Commissioner Zalak commented on the possibility of changing the zoning designation on the entire subdivision. Commissioner Bryant stated if a mobile home is removed from a property the owner has 12 months to install a new one in R-1 zoning. Mr. Rison concurred. In response to Commissioner Zalak, Mr. Rison advised that a waiver provision is not in the LDC because it is a platted R-1 zoned subdivision. Commissioner Bryant questioned if the Board changed the zoning to R-4 and required a double wide manufacture home would that be considered Conditional Zoning. Mr. Rison advised that it would be considered Conditional Zoning and is the reason staff recommended a PUD. Commissioner Bryant withdrew her motion and Commissioner Moore withdrew his second. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to deny the Zoning Change from R-1 to R-4 and approve the Zoning Change from R-1 to PUD with a double wide Manufacture home, without a car port, disagreeing with Growth Services staff and agreeing with P&Z Commission recommendation, based on findings that the proposed use was compatible with the surrounding land uses, was consistent with the Comprehensive Plan and would not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

14C7. 190711SU - Lake Louise LLC., John Rudnianyn, Special Use Permit in R-1, 88.90 Acres The Board considered a petition by Lake Louise, LLC, c/o John S. Rudnianyn, (owner/applicant) 2441 NE 3rd Street, Ocala, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for farm operations; allowing a hay farm and cattle on the property, in an R-1 (Single Family Dwelling) zone, on approximately 88.90 Acres, on Parcel Account Nos. 3060-000-000, 3060-001-002, 3060-002-004, 3060-003­001, 3060-004-001, 3060-005-001, 3060-006-001, 3061-002-001, 3061-003-001, 3062­004-001, 3062-005-001, 3062-006-007 and 30785-000-00.

WRITTEN OPPOSITION WITHIN 300 FEET 1 of 53= 2% PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Greg Lord seconded by Jerry Lourenco to disagree with staffs findings and recommendation, and recommend approval of the requested Special Use Permit based on the following findings of fact: 1. Will not adversely affect the public interest 2. Is consistent with the Marion County Comprehensive Plan 3. Is compatible with the surrounding land uses Vote was 5 to 0 to approve the Special Use Permit without cows.

Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request for hay operations on R-1 zoned property, noting the original request was hay and cattle operations. It was noted that the Growth Services Department staff and the P&Z Commission recommended denial of the Special Use Permit if the Board chooses to approve the application, with the following Conditions are staff's recommendation:

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1. The site shall be operated consistent with the conditions as provided with this approval.

2. This Special Use Permit shall run with the applicant (John Rudnianyn) and not the property. At the point where the applicant is no longer the manager of Lake Louise LLC then the SUP shall terminate.

3. The applicant is required to submit a notice of intent (NOI) to implement Best Management Practices with FDACS. The NOI must be provided to Marion County Growth Services within 90 days of approval of this SUP.

4. The pasture area shall be maintained to control denuded areas and excessive dust and animal waste shall be spread or composted in accordance with accepted Best Management Practices

5. In accordance with Section 6.8.14 of the Marion County Land Development Code, a low maintenance zone shall be provided around Lake Louise and any other waterbody or wetland found on site. The applicant shall install a minimum of 10- foot low maintenance zone and install a vegetative swale/berm system along the landward edge of the low maintenance zone to ensure the capture and filtering of runoff.

6. The applicant is responsible for providing a modified E Type Buffer along all residential parcels, developed or undeveloped within and adjacent to the subject property. The modified E-Type buffer shall consist of a five-foot wide landscape strip with a 3-board fence. The buffer shall contain at least four shade trees for every 100 lineal feet or fractional part thereof. Shrubs shall be planted in a double-staggered row and be capable of reaching a maintained height of six feet within three years. Groundcovers and/or turfgrass shall not be used in this buffer.

7. This SUP shall not be used to require addition buffering for any adjacent developments. Any adjacent developments shall be required to buffer as if SFR is on the property.

8. If a fence is used, a 3-board fence shall be installed along the ROWs of SW 32nd Street and SW 7th Avenue for purposes of being consistent with the surrounding area. No barbwire fencing shall be used along the boundaries of the subject property.

9. Any and all cattle shall be fenced in and at no point shall the cattle be allowed to roam over the platted roadways or black access for the developed parcels.

10. This Special Use Permit shall be in effect for the current property owners and shall terminate if the property is divided or sold.

11. The Special Use Permit shall expire on July 16, 2022. The applicant may submit a new Special Use Permit application for consideration to renew and extend this permit in the future.

John Rudnianyn (applicant) advised that the County is considering the property for a Veteran's nursing home; therefore, the hay operation is an interim use. He expressed opposition to the proposed conditions. Chairman Stone opened the floor to public comment. Laurie Vonge, SE 48th Avenue, expressed concern with odors and water quality if cattle was allowed on the property. Chairman Stone advised that public comment is now closed. Chairman Stone stated there will be some fertilizer on the property, but there will not be any irrigation or cattle on the property.

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Mr. RlJdnianyn advised that fencing will not be installed. He stated the biggest issue on the property was once it was cleared people were going on the property and searching for artifacts, which is a liability if someone should get hurt. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to adopt Resolution 19-R-241 granting the Special Use Permit for a hay operation without conditions, disagreeing with Growth Services staff and agree with the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

14C8. 190713SU - Sonia L. Blunt, Special Use Permit in A-1, 3.13 Acres The Board considered a petition by Sonia L. Blunt, (owner/applicant) 3760 W. Highway 329, Reddick, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for parking one (1) commercial vehicle (Semi-Truck and Trailer), in an A-1 (General Agriculture) zone, on approximately 3.13 Acres, on Parcel Account No. 07320-000-00.

WRITTEN OPPOSITION WITHIN 300 FEET 0 of 6= 0% PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was made by Danny Gaekwad seconded by Greg Lord to agree with staff's findings and recommendation, and recommend approval of the requested Special Use Permit based on the following findings of fact: 1. Will not adversely affect the public interest 2. Is consistent with the Marion County Comprehensive Plan 3. Is compatible with the surrounding land uses Vote was 5 to 0 with the addition of a second trailer not connected with a VIN number. Also refrigerated or refer trucks may park on the property if unloaded and not running.

Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request for a commercial vehicle in A-1, specifically 1 truck and 2 trailers and a possible 3 trailer from time to time. The applicant had a Special Use Permit, which expired in 2015. The owner/operator has been parking on the site for a minimum of 9 years and there have been no complaints or opposition. The reason the case is not under consent is because the applicant is requesting modification to the proposed conditions. It was noted that the Growth Services Department staff and the P&Z Commission recommended approval of the Special Use Permit with 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 Special Use Permit is limited to a maximum of one (1) commercial vehicle and two (2) trailer, specifically as indicated in the submitted application. VIN numbers Tractor- 1 FUJAPCGX1 LH04690, Trailer- 1 DTP16Z29SP035897 and an optional trailer dealing with the applicant's current load. Applicant may not store any trailer on the property other than the trailer specified by VIN. Stored means unloaded and disconnected from the tractor.

3. The running of a refrigerated trailer unit(s), or refer unit(s), is prohibited. Any refrigerated or refer units on site shall not be loaded and shall have no need to run.

4. No mechanical repairs/maintenance on the commercial vehicle shall take place on-site.

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5. The ingress/egress shall be from HWY 329 using a paved apron. Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed within ninety (90) days of notification that improvements must be made.

6. No more than one (a) trip per day. Each trip shall include one entrance and one exit of the site.

7. The vehicle parking area shall be to the side or rear of the house and 100' from adjacent properties.

8. The north boundary of the parking area shall have a solid opaque privacy fence, a minimum of 6' in height or a vegetative buffer consisting of 3 shade trees per 100 linear foot and hedgerow capable of reaching 6' in height within 3 years

9. The owner of the commercial vehicle shall reside onsite. 10. The Special Use Permit shall run with the owner/operator (Alphonso Blunt)

and not with the subject property. 11. The Special Use Permit shall terminate if the property making up the subject

property are sold to persons who are not immediate family members as defined in the Land Development Code.

12. The Special Use Permit shall expire on July 16, 2024. The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future.

In response to Chairman Stone, Mr. Weyrauch advised that applicant is requesting 1 tractor, 2 trailers and 1 additional trailer that will be on the property from time to time. Sonia Blunt, West Highway 329, Reddick, advised that Alphonso Blunt conducts a transport service and they are requesting the Board consider allowing the refrigerated trailer to be parked on the property. The unit will not be running, just parked. She stated there are no immediate neighbors to the property and it is buffered by a tree line, noting there is already a lot of commercial traffic on the road. In response to Chairman Stone, Ms. Blunt advised that staff did review the proposed Conditions with her. She stated the previous Special Use Permit gave the option to use an existing driveway or install an additional driveway, noting the current proposed Conditions only permit them to park on one side; therefore, an additional apron will have to be created for that driveway. Chairman Stone opened the floor to public comment. There being none, Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Gold, seconded by Commissioner Zalak, to adopt Resolution 19-R-242 granting the Special Use Permit with Conditions 1 through 12, as amended below, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

1. The site 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 and two (3) trailers, specifically as indicated in the submitted application. VIN numbers Tractor - 1 FUJAPCGXILH04690, Trailer -IDTP16Z29SP035897, Trailer - IDTV63228YA276072 and an optional trailer dealing with the

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applicant's current load. Applicant may not store any trailer on the property other than the trailer specified by VIN. Stored means unloaded and disconnected from the tractor.

3. The running of a refrigerated trailer unit(s), or refer unit(s), is prohibited. Any refrigerated or refer units on site shall not be loaded and shall have no need to run.

4. No mechanical repairs/maintenance on the commercial vehicle shall take place on-site.

5. The ingress/egress shall be from HWY 329 using a paved apron. Any driveway apron and/or other related improvements required by the Marion County Transportation Department, pursuant to this condition, shall be completed within ninety (90) days of notification that improvements must be made.

6. No more than one (a) trip per day. Each trip shall include one entrance and one exit of the site.

7. The vehicle parking area shall be to the side or rear of the house and 100' from adjacent properties.

8. The north boundary of the parking area shall have a solid opaque privacy fence, a minimum of 6' in height or a vegetative buffer consisting of 3 shade trees per 100 linear foot and hedgerow capable of reaching 6' in height within 3 years

9. The owner of the commercial vehicle shall reside onsite. 10. The Special Use Permit shall run with the owner/operator (Alphonso Blunt)

and not with the subject property. 11. The Special Use Permit shall terminate if the property making up the subject

property is sold to persons who are not immediate family members as defined in the Land Development Code.

12. The Special Use Permit shall expire on July 16, 2024. The applicant may submit a new Special Use Permit Application for consideration to renew and extend this permit in the future.

14C9. 190714SU - James and Corrine Heaton, Special Use Permit in R-1, 2.32 Acres The Board considered a petition by James J. and Corrine C. Heaton, (owner/applicants) 12220 SW 75th Street, Dunnellon, FL, for a Special Use Permit, Articles 2 and 4, of the Marion County Land Development Code, for keeping one (1) horse, two (2) donkeys, four (4) goats, two (2) hogs, ten (10) hens (no roosters), two (2) zebu, and nine (9) rabbits for 4-H activities, in an R-1 (Single Family Dwelling) zone, on approximately 2.32 Acres, on Parcel Account No. 3492-071-109. Senior Planner Ken Weyrauch, Growth Services, commented on the Special Use Permit request for one (1) horse, two (2) donkeys, four (4) goats, two (2) zebu, two (2) hogs, ten (10) hens, and nine (9) rabbits for 4-H activities in R-1 zoning. The applicant currently has a 4-H exemption. He advised that the applicants lead the 4-H club and keep the animals for students who are unable to have the animals. The area is rural in nature and sparsely developed. It was noted that the Growth Services Department staff and the P&Z Commission recommended approval of the Special Use Permit with 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.

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2. This Special Use Permit shall run with the property owner (James and Corinne Heaton) and not the property.

3. Manure shall not be allowed to accumulate causing a nuisance or hazard to the health, welfare, or safety of humans or animals.

4. The outside storage of manure in piles shall not be permitted within 100 feet of any lot line and/or any residence.

5. Total number of animal units on site shall not exceed a density of 3 animal units per acre and a maximum of 9 animal units for the entire site. Each animal unit is equal to 1,000 Ibs. of animal weight.

6. Pastures will need to be seeded to maintain a healthy amount of grass cover. 7. The Special Use Permit shall expire July 16, 2022. The applicant may submit

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

Rob Batsel, SE 36th Avenue, on behalf of the applicant, advised the applicant leads the Dunnellon Elementary 4-H program, which has approximately 24 members. He advised that the issue with the 4-H exemption is that it is intended for a student who is a member of the club to participate in these activities at their own residence. The applicant is in agreeance with the staff recommendations. Mr. Batsel requested one (1) administrative renewal, to reduce cost. Commissioner Gold questioned how long the Board is able to extend an administrative renewal. Mr. Weyrauch advised that typically it is 5 year periods with up to 3 administrative renewals. Chairman Stone opened the floor to public comment. Bob Morgan, SW 128th Avenue, expressed support for the Special Use Permit. Chairman Stone advised that public comment is now closed. A motion was made by Commissioner Gold, seconded by Commissioner Bryant, to adopt Resolution 19-R-243 granting the Special Use Permit with Conditions 1 through 7, as amended below, agreeing with Growth Services staff and the P&Z Commission recommendations, based on findings that the proposed use is compatible with surrounding land uses, is consistent with the Comprehensive Plan and will not adversely affect the public interest. The motion was unanimously approved by the Board (5-0).

CONDITION NO.7: The Special Use Permit shall expire July 16, 2024; however it may be renewed administratively for up to 3 consecutive times by a written instrument signed and issued by the Growth Services Director (or position equivalent to the Growth Services Director at that time), unless: a. There have been unresolved violations of the County Land Development Code,

the County Code of Ordinances, and/or the conditions of the Permit, b. Neighboring property owners within 300' of the subject property have complained

to the County Code Enforcement, Zoning, or equivalent/similar Departments/Divisions about the uses of the subject property by this Permit, or

c. The Growth Services Director determines that renewal should be considered directly by the Board of County Commissioners through the Special Use Permit.

140. Adoption of Ordinance 1401. Zoning The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from Growth Services Director Sam Martsolf and Deputy Clerk Windberg regarding petitions for rezoning and Special Use Permits heard earlier in the meeting.

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A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to adopt Ordinance 19-15 amending the Marion County Zoning Map pursuant to individual decisions made by the Board on each application heard in the public hearing. The motion was unanimously approved by the Board (5-0). Ord inance 19-15 is entitled:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, APPROVING REZONING AND SPECIAL USE PERMIT PETITIONS AND AUTHORIZING IDENTIFICATION ON THE OFFICIAL ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE.

A motion was made by Commissioner Gold, seconded by Commissioner Moore to continue the meeting to Thursday, July 18, 2019 at 9:00 a.m. The motion was unanimously approved by the Board (5-0).

There being no further business to come before the Board, the meeting thereupon recessed at 5:07 p.m. to Thursday, July 18, 2019 at 9:00 a.m.

Attest:

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