Official Minutes of MARION COUNTY

BOARD OF COUNTY COMMISSIONERS

April 4, 2017

CALL TO ORDER: The Marion County Board of County Commissioners met in regular session in Commission Chambers at 9:03 a.m. on Tuesday, April 4, 2017 at the Marion County Governmental Complex located in Ocala, Florida.

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

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

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

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

1A. PROCLAMATION - Eagle Scout Daniel Shepard (Approval and Presentation) The Board presented the Proclamation to Daniel Shepard congratulating him upon attaining the status of Eagle Scout in the Boy Scouts of America organization. Fire Chief Paul Nevels, on behalf of Marion County Fire Rescue (MCFR), presented Mr. Shepard with a Certificate of Achievement; Lieutenant Angie Scrobble, on behalf of the Ocala Police Department (OPD), congratulated Mr. Shepard on his achievement; and Wayne Curtis, on behalf of the Marion County Elks Lodge, Marion County Lions Club, and the Sons of the American Revolution, presented Mr. Shepard with an American Flag, Certificate of Achievement, bandana, and a bronze metal. Commissioner Gold noted Mr. Shepard also received a Letter of Recognition from Attorney General Pam Bondi. Commissioner Bryant recognized the support scouts receive from their families and presented Mr. Shepard with a Marion County pin.

1B. PROCLAMATION - National Day of Prayer - Charles Fleming (Approval and Presentation) The Board presented the Proclamation designating May 4, 2017 as "National Day of Prayer" to Charles Fleming. Mr. Fleming stated there will be events throughout the county on May 4, 2017 in celebration of National Day of Prayer.

Book W, Page 315

April 4, 2017

1C. PROCLAMATION - Confederate Memorial Day - Harry Hurst (Approval and Presentation) The Board presented the Proclamation designating April 26, 2017 as "Confederate Memorial Day" to 4th Division Lieutenant Commander Harry Hurst, Florida Division of the Sons of the Confederate Veterans and several representatives. Mr. Hurst thanked the Board and expressed his appreciation for the recognition. He commented on the many events going on throughout the State of Florida during the month of April, 2017.

1D. PROCLAMATION - Child Abuse Prevention Month, Joelle Aboytes, Circuit 5 Community Development Administrator (Approval and Presentation) The Board presented the Proclamation designating the month of April, 2017 as "Child Abuse Prevention Month" to Administrator Joelle Aboytes, Circuit 5 Community Development and several representatives. Ms. Aboytes stated education is the key to ending child abuse and neglect. She addressed the many collaborative efforts and educational events happening during Child Abuse Prevention Month, including Pinwheels for Prevention. Citizens are encouraged to visit the Kids Central website at http://www.kidscentralinc.org for more information. Commissioner Bryant out at 9:29 a.m.

UPDATE: Chairman Zalak advised that he just received notice from Lieutenant Chip Wildy, Emergency Management Director, Marion County Sheriff's Office (MCSO), that a tornado warning has been issued for northwest Marion County. He stated a plane crash has also been reported in the county and requested citizens keep those onboard in their thoughts and prayers. Commissioner Bryant returned at 9:31 a.m.

1E. PRESENTATION - Asset Limited, Income Constrained, Employed (ALICE) Report for Marion County - Lars Gilbert, Statewide ALICE Director, United Way of Florida (Presentation Only) Statewide ALICE Director Lars Gilbert, United Way of Florida, gave a brief presentation regarding the United Way 2017 ALICE Report. Mr. Gilbert presented a spiral bound document entitled, "ALICE, Study of Financial Hardship" and noted the portion of the report relating to Marion County is included in the Agenda packet to follow along with the PowerPoint presentation. Mr. Gilbert advised that in 2014 United Way came out with a new report to help change the conversation about who is struggling in the community. He stated the current Federal Poverty Level treats all communities the same; for example, Ocala has the same poverty income level as Orlando, Florida. Mr. Gilbert referred to the spreadsheet shown on the overhead screens (Agenda packet page 12) and commented on the ALICE Threshold, which is a more effective and up to date threshold that includes households earning more than the Federal Poverty Level, but less than the basic cost of living for the county they reside in. He advised that the Federal Poverty Level monthly cost of living comparable (single adult versus 2 adults with 2 children) does not include car loans, student debt repayment, healthcare premiums, etc. The graph on page 13 addresses the percentage of Marion County residents still living in poverty and struggling to meet household needs, even after the recession.

Page 316, Book W

April 4, 2017

The spreadsheet and map on page 14 provides a comparison of Marion County households below the ALICE Threshold versus surrounding counties (Alachua, Lake and Sumter). The chart on page 15 addresses the percentage of families with children (married, single female-headed and single male-headed households) living at poverty level, ALICE Threshold and above ALICE Threshold levels. The chart on page 16 provides a comparison of the changing age population in the State of Florida from 2010 to 2030 (projected). Mr. Gilbert referred to the graph on page 17, which addresses the percentage of unemployed citizens throughout the State of Florida based on race. He expressed concern that the dignity of work is being denied to certain families and communities, which has a lot of other consequences. The graph on page 18 addresses the top 20 jobs/occupations in the state and reflects those that will be impacted, altered or replaced by technology in the future (i.e, Customer Service Representatives, Security Guards, Office Clerks, Cashiers, etc.). Mr. Gilbert referred to page 19, noting communities need to respond to these concerns by building awareness of the issues that so many in the community are challenged with; improving access to resources that are already working to help (i.e., tax credits, grants, etc.); and advocating for change. Mr. Gilbert thanked the BCC for the opportunity to bring this matter forward. In response to Commissioner Stone, Mr. Gilbert provided a brief overview of how the data relating to Marion County was collected, including information gathered from the American Consumer Survey (ACS), which provides income data; Housing and Urban Development (HUD) for housing prices and fair market rent, etc. He advised that the full bibliography is available on the Marion County United Way website at www.uwmc.org. In response to Chairman Zalak, Mr. Gilbert stated underemployment in Marion County is at approximately 11 percent (%). He noted the number one reason for bankruptcy in America is healthcare debt. Mr. Gilbert opined that stable, reliable, fulltime employment with benefits is one of the most effective ways to keep people out of instability. He addressed the importance of economic diversification in the workforce in order to keep up with inflation. Mr. Gilbert commented on the need for access to credit in order for households to build up assets, noting the bare-minimum household survival budget does not include any savings, leaving a household vulnerable to unexpected expenses. Chairman Zalak thanked Mr. Gilbert for the information provided in his presentation.

iF. PRESENTATION -American Heart Association (AHA) Platinum Fit-FriendlyWorksite Award - Allison Bowen, American Heart Association (Presentation Only) Human Resources (HR) Director Amanda Tart presented the following recommendation:

Description/Background: As a result of our efforts to promote a healthy work environment, the Marion County Board of County Commissioners / "Health Happens" Well ness Program has received the American Heart Association's Platinum Fit-Friendly Worksite Award. This award recognizes Marion County Board of County Commissioners /"Health Happens" Well ness Program for the ongoing efforts to provide a culture of corporate wellness for your organization which is demonstrated by obtaining extraordinary, tangible results. The award will be presented by Allison Bowen from the American Heart Association. Budget/Impact: None.

Book W, Page 317

April 4, 2017

Recommended Action: Presentation only. Allison Bowen, American Heart Association, presented the Marion County Board of County Commissioners (BCC) with a Fit-Friendly Worksite Wellness platinum plaque award. She thanked the BCC for their support of a healthy worksite culture.

1G. PROCLAMATION - Water Conservation Month (Approval Only) The Board approved the Proclamation recognizing April, 2017 as "Water Conservation Month".

1H. PROCLAMATION - National Public Safety Telecommunicators Week (Approval Only) The Board approved the Proclamation recognizing the week of April 9 through 15, 2017 as "National Public Safety Telecommunicators Week".

11. PROCLAMATION - National Crime Victims' Awareness Month (Approval Only) The Board approved the Proclamation recognizing the week of April 2 through 8, 2017 as "National Crime Victims' Rights Week".

UPDATE: Chairman Zalak advised that the report of a plane crash with a fatality in Marion County has been confirmed.

2. GENERAL PUBLIC ITEMS: All members of the public wishing to speak during the "General Public" portion of the agenda will be limited to two (2) minutes to make their request or presentation and will be heard following scheduled requests, which are limited to five (5) minutes. For unscheduled requests, public comment request forms are available in the lobby. If the request or matter requires investigation by County staff, the Chairman will refer to staff for follow-up with the person making the request. 2A. Ron Raack - Constitutional Rights Ron Raack, SE 131st Place, Ocklawaha, commented on common law, statutes, the Declaration of Independence and the US Constitution.

2B. Hagan Smith - General Hagan Smith, SW 80th Avenue, presented a 1 page handout entitled, "Vanhorn's Leesee v. Dorrance 2-US 304 (1795)", which he briefly addressed.

2C. Brigitte Smith - Roads, Belleview Brigitte Smith, SW 85th Avenue, Belleview, commented on the ALICE presentation and advised that the Americans for Prosperity organization offers free courses for indigent populations to help them get out of economic disparity. Ms. Smith addressed the Board in regard to comments she made at the meeting on March 21, 2017 relating to the maintenance of roads directly adjacent to Stanton Junior High School. She reiterated the effect water runoff is causing (Le., black mold), particularly to homes on SW 134th Avenue Road. Ms. Smith stated private donations were once again raised to place more limestone rock on the road to help address the problem and requested the BCC help resolve the issue.

Page 318, Book W

April 4, 2017

Ms. Smith advised that approximately 10 years ago, the 2 roads surrounding the school had the green street signs removed and replaced with white street signs; thereby, renaming the roads and was informed that the change was due to 9-1-1 rezoning. Commissioner Gold noted the issue of flooding near Stanton Junior High School will be addressed by the County Administrator under Item 9A. Commissioner Moore noted he has had several meetings with School Board Member Kelly King to address the issue.

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 an Ordinance Declaring Zoning in Progress and Imposing a Moratorium Extension for a Period of 90 Days on the Acceptance and Processing of New Applications for the Establishment of Medical Marijuana Dispensing Facilities Growth Services Director Samuel Martsolf presented the following recommendation:

Description/Background: On Tuesday, November 8,2016 a referendum to expand the legal cultivation and dispensing of Medical Marijuana passed in the State of Florida. On November 15, 2016, the Board adopted a 180 day moratorium on locating a medical marijuana dispensary in Marion County. The current moratorium ends on May 18, 2017. The State of Florida has until June 3,2017 to publish any new regulations concerning Medical Marijuana. New regulations are expected to be written during the current State Legislative Session that started on Tuesday, March 7, 2017 and is expected to end on May 5,2017. A 90 day extension of the moratorium on the acceptance and processing of new applications for the establishment of Medical Marijuana Dispensing Facilities will provide interim oversight of the proliferation of these facilities and enable the County to evaluate the proper regulatory response. Budget/Impact: None. Recommended Action: Motion to Approve an Ordinance enacting a 90 Day Extension of the Moratorium on the Acceptance and Processing of New Applications for the Establishment of Medical Marijuana Dispensing Facilities on April 4, 2017 at 10:00 a.m. during the Public Hearing portion of the regular Board of County Commissioner's meeting.

Deputy Clerk Windberg presented Proof of Publication No. A000907446 entitled, "Notice of Public Hearing" published in the Star Banner newspaper on March 21, 2017. The Notice states the Board will consider adoption of an Ordinance enacting a 90 day extension of the moratorium on the acceptance and processing of new applications for the establishment of medical marijuana dispensing facilities. Growth Services Director Martsolf advised that the current medical marijuana moratorium is set to expire on May 18, 2017 and staff is requesting the Board to consider an Ordinance that will extend that out an additional 90 days. He noted the State of Florida has until June 3, 2017 to publish any new regulations and the additional time will enable the county to evaluate the proper regulatory response. Mr. Martsolf commented on previous Board direction to schedule a workshop on Thursday, May 11, 2017 at 2:00 p.m. to further discuss this matter; however, with the State being mandated to publish any new regulations by June 3, 2017, the Board may want to reschedule the workshop after that

Book W, Page 319

April 4, 2017

date. He noted he spoke with Executive Assistant Nadja M. Griffis, Commission Office, who advised that the afternoons of June 13, 14 and 22, 2017 are open on the Commissioners calendar at this time. Chairman Zalak opened the '1100r to public comment. Jack Stackman, NE 248th Avenue Road, Salt Springs, expressed concern that the matter is being pushed back even further, noting citizens voted on this issue on November 8, 2016. Hagan Smith, SW 80th Avenue, stated the Board does not have the power to override the will of the people and should allow the free market to regulate and decide how many dispensaries are needed throughout Marion County. Commissioner Bryant clarified that the Board is not trying to take away anyone's ability to receive medical marijuana, noting if a citizen has a recommendation from a doctor it can be delivered to their home right now. She advised that there are 4 different Senate Bills (SB) and 1 House Bill (HB) related to medical marijuana being considered this Session, along with the Department of Health (DOH) who has until June 5, 2017 to provide their rules relating to this matter. The BCC workshop was scheduled so that the Board can further discuss the various requirements/standards that may be imposed. Commissioner Bryant commented on a recent Medical Marijuana Summit the Board attended and advised that the BCC is trying to do as much as the industry is doing in order to ensure that Florida does not make the same mistakes that have been made in other states and communities. In response to Commissioner Bryant, Mr. Martsolf stated under the current schedule, the latest staff would have the Ordinance ready for Board consideration/adoption will be August 1,2017. Brigitte Smith, SW 85th Avenue, Belleview, advised that as a medical professional she understands the confusion as it relates to the HB and SB's under consideration, noting they are entirely different as to what form medical marijuana can be distributed in (ingestion, inhalation, etc.). She commented on the importance of getting a plan in place now so that when legislation is completed the county is prepared to move forward expeditiously. Ron Raack, SE 131st Place, Ocklawaha, concurred with previous comments that the BCC should allow the free market to regulate the dispensing of medical marijuana. He opined that the BCC's only role is to protect citizens in a free market society. Richard Graybill, SE 158th Street, stated the people have voted and the Board should move forward. Stoney Bearden, NW 30th Avenue, expressed concern that citizens are starting to believe that government does not care about them. He commented on cancer studies that have been performed showing the affects Medical Marijuana has on patients. Mr. Beard addressed the different levels and blends of tetrahydrocannibol (THC) and the benefits associated with marijuana. Beverly LaCross, NE 22nd Avenue, expressed her preference to go to a facility rather than having medicines delivered, noting she has had medicines stolen out of her mailbox. Chairman Zalak advised that public comment is now closed. In response to Chairman Zalak, Mr. Martsolf stated he is unaware of any proposed Bills that will affect land uses. He clarified that this is the first of two public hearings to consider an Ordinance extending the moratorium, noting the second hearing is scheduled for Tuesday, April 18, 2017. Chairman Zalak advised that based on today's comments, he is unsure whether the Board will need another moratorium extension, noting the Board can

Page 320, Book W

April 4, 2017

hold a workshop, have the second public hearing and resolve the matter. He opined that if there is a DOH Rule enacted by the State of Florida at a later date, then the Board can go back and amend the Ordinance. Commissioner Stone concurred, noting a draft Ordinance was presented to the Board at the March 7, 2017 Medical Marijuana workshop and the Board should move forward with the process. In response to Commissioner Bryant, County Attorney Mathew G. Minter advised that language can be added to the Ordinance to provide that it will automatically be modified by state legislation; however, the problem depends on what the wording is and how it dovetails with the county's Ordinance. He stated the worst case scenario would be that the Board will have to go back and amend the Ordinance to include any new rules or regulations. General discussion ensued. In response to Chairman Zalak, Mr. Martsolf advised that the process moving forward will require staff to prepare a legal advertisement to run 10 days prior to the Land Development Regulation Commission (LDRC) public hearing; and another 10 days each for the 2 BCC public hearings. Chairman Zalak questioned whether the process can be completed prior to the expiration of the current moratorium. In response to County Administrator Mounir Bouyounes, Chairman Zalak stated the Board will not need to hold the workshop previously scheduled for Thursday, May 11, 2017 at 2:00 p.m. He noted Commissioners can meet with staff if there are any questions relating to the proposed Ordinance and bring back recommendations at the public hearings for Board consideration. Mr. Martsolf advised that the earliest staff can bring this back for final consideration will be the second regularly scheduled BCC meeting in June. Chairman Zalak recommended an extension of the current moratorium until the end of June, 2017. A motion was made by Commissioner Gold, seconded by Commissioner Stone, to extend the current moratorium until Tuesday, June 20, 2017. The motion was unanimously approved by the Board (5-0). Mr. Bouyounes stated staff will bring back the dates for the final 2 public hearings. In response to Mr. Bouyounes, it was the general consensus of the Board to cancel the workshop previously scheduled for Thursday, May 11, 2017 at 2:00 p.m. (Ed. Note: This matter was again discussed later in the meeting.)

6B. PUBLIC HEARING - To Consider an Ordinance Enacting a Temporary Moratorium on the Permitting of Wireless Communication Facilities in the Public Rights-of-Way Growth Services Director Martsolf presented the following recommendation:

Description/Background: The County's rights-of-way are a limited resource which must be managed to handle both current uses, planned and expected future uses. Technological changes and advances have resulted in an alternative method of delivery of communications services known as "small cell" or "distributed antennae systems" (DAS) which results in the placement of shorter, but more numerous poles and related infrastructure in public rights-of-way. Additional time is necessary to investigate whether the proliferation of such facilities in Marion County will create a new pattern of use and interfere with the health and welfare of its citizenry. A temporary moratorium on the permitting or construction of wireless communications facilities in the County's rights-of-way will provide interim

Book W, Page 321

April 4, 2017

oversight of the proliferation of these facilities and enable the County to evaluate the proper regulatory response. This is the 'first of two required public hearings. The second public hearing is scheduled for Tuesday, April 18, 2107 at 10:00 a.m. Budget/Impact: None. Recommended Action: Conduct a public hearing and take public input on an ordinance enacting a temporary moratorium on the permitting of wireless communication facilities in the public Rights-of-Way.

Deputy Clerk Windberg presented Proof of Publication of a display ad entitled, "Notice of Public Hearing" published in the Star Banner newspaper on March 21, 2017. The Notice states the Board will consider adoption of an Ordinance enacting atemporary moratorium on the Permitting of Wireless Communication Facilities in the Public Rights-of-Way (ROW). Growth Services Director Martsolf advised that this is the first of two public hearings. He stated staff is requesting the Board consider an Ordinance enacting a 180 day moratorium on the permitting of wireless communication facilities in the public ROWs in order to allow staff time to complete research and comparisons from other counties relating to this same issue. He commented on the many variations as to how other counties are handling this situation. Chairman Zalak opened the floor to public comment. Henry Munoz, Marion Oaks Boulevard, noted his objection to the moratorium and opined that telephone poles are less aesthetic than DAS poles. He stated the Board can control the situation through rental agreements utilized when placing poles in the county ROW. Chairman Zalak advised that the proposed HB concerning this matter is a Corporate Bill allowing phone companies to place the towers without a ROW permit or any input from local governments. He stated citizens pay for the ROWand should have a voice in this matter, noting some companies even want the county to fund the placement of the poles. Chairman Zalak commented on the various types of rental agreements throughout the State of Florida and expressed concern that no standardization is in place. He advised that The Villages, all Community Development Districts (COOs) and the Florida Department of Transportation (FOOT) have already been exempted 'from this Bill and expressed concern that counties and cities are not exempt. Chairman Zalak addressed historic districts and the need for the DAS to conform to that same style of design or architecture. He noted the Federal Communications Commission (FCC) could overrule all of this and not allow states any ability to regulate this matter. Commissioner Bryant opined that the Bill is designed to increase the bottom line of big corporations. She noted this is a high priority for the Florida Association of Counties (FAC) and the League of Cities, who will continue to advocate on behalf of their communities. Gene LaCross, NE 22nd Avenue, opined that there are too many governments and too many people in them trying to make decisions for citizens. Hagan Smith, SW 80th Avenue, commented on the rule of self-governance, which puts counties in this position. He opined that the State Legislature is limited and restricted in its powers and does not have any power over citizens in Marion County. Richard Graybill, SE 158th Street, noted his support of the moratorium, which he opined is for the good of the community. Ron Raack, SE 131st Place, Ocklawaha, opined that the county does not need to worry about what the State or Federal government does, noting the Constitution is the supreme law of the land and anything that violates it does not have to be followed.

Page 322, Book W

April 4, 2017

Commissioner Bryant out at 10:50 a.m. In response to Chairman Zalak, Mr. Raack advised that the Drug Enforcement Administration (DEA) just approved a synthetic form of marijuana that is produced by pharmaceuticals to be sold, noting he will electronically mail (email) Commissioners a copy of that article. He opined that this issue, similar to the one for medical marijuana, is all about money. Commissioner Bryant returned at 10:51 a.m. Mr. Raack opined that Commissioners should do what is best for the citizens of Marion County. Commissioner Moore out at 10:52 a.m. Beverly LaCross, NE 22nd Avenue, commented on the ALICE presentation provided by the United Way. Commissioner Stone advised that the Marion County United Way receives less than five cents of every dollar donated. Citizens can go to the United Way website to see a complete breakdown of donations received through the company's annual financial report. Commissioner Moore returned at 10:54 a.m. Chairman Zalak advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Stone, to continue this matter to the second public hearing scheduled on Tuesday, April 18, 2017 at 10:00 a.m. The motion was unanimously approved by the Board (5-0).

6C. PUBLIC HEARING (Continued from March 7, 2017) - To Consider an Agreement Concerning Build-Out of Stonecrest (fka Floridian Club Estates) Development of Regional Impact (DRI) Growth Services Director Samuel Martsolf presented the following recommendation:

Description/Background: The Stonecrest DRI Developer (Stonecrest of Marion County, LLC - Developer) has submitted an Agreement Concerning Build-Out of Stonecrest DRI (Agreement) to close out the overall DRI, including terminating the Developer's general DRI reporting, monitoring, and management obligations, consistent with Section 380.06(15)(g)4a and b.(IJ), F.S. As the Agreement will affect the DRI, consideration of the Agreement must be completed within a public hearing. The Agreement is still under review by the Department of Economic Opportunity counsel at this time. Staff requests the Board open this public hearing for public comment, if any, and then continue the public hearing to Tuesday, May 2, 2017 at 10:00 a.m. Budget/Impact: None. Recommended Action: Following receipt of any public comment, motion to continue the public hearing to consider an Agreement Concerning Build-Out of Stonecrest DRI to Tuesday, May 2,2017, at 10:00 a.m.

(Ed. Note: fka is the acronym for formerly known as.) Deputy Clerk Windberg advised that this is a continuation public hearing and as such there is no Proof of Publication to read into the record. The Notice of Public Hearing published on February 6, 2017 states the Board will conduct a public hearing to consider an Agreement Concerning Build-Out of Stonecrest DR!. Chairman Zalak advised that the Department of Economic Opportunity (DEO) has still not brought down a recommendation on this matter and staff is recommending the public

Book W, Page 323

April 4, 2017

hearing be continued. Chairman Zalak opened the floor to public comment. There being none, Chairman Zalak advised that public comment is now closed. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to continue the public hearing to consider an agreement concerning build-out of Stonecrest DRI to Tuesday, May 2,2017, at 10:00 a.m. The motion was unanimously approved by the Board (5-0).

20. Bruce Borders - General Bruce Borders, Highway 441, High Springs, did not appear when called upon to speak.

2E. Gene LaCross - General Gene LaCross, NE 22nd Avenue, commented on the Environmental Protective Agency (EPA), which he opined is infiltrating communities and taking land from citizens. Chairman Zalak addressed the proposed Waters of the US Bill, which will regulate watersheds, ditches and stormwater lands; however, President Donald Trump signed an Executive Order that has temporarily halted the Bill at this time. Mr. LaCross expressed concern with water rights at the local levels.

2F. Beverly LaCross - General Beverly LaCross, NE 22nd Avenue, noted Wednesday, June 14, 2017 is Flag Day and voiced her concerns with the yellow fringe on the American flag in Commission chambers. In response to Chairman Zalak, Facilities Management Director Andy Race advised that he received a call from Hagan Smith referencing Executive Order 10834 regarding the flag of the United States (US), noting he researched the matter on the Federal Registry and printed out the document for Board review. He addressed a 2008 Report from Congress, which states that the placing of fringe on the flag is optional and no act of Congress or Executive Order either requires or prohibits the practice. Commissioner Bryant provided Ms. LaCross with a copy of a 2011 Report from Congress, which also addressed fringe on the American Flag. She noted citizens can go on the American Legion website at www.legion.org, which provides a list of the top 10 myths relating to the American Flag.

2G. Richard Graybill - General Richard Graybill, SE 158th Street, Summerfield, commented on the Bible, property and inheritance taxes.

2H. Patti Eining - JCI Ocala Jaycees God & Country Day Funding Patti Eining, did not appear when called upon to speak. Commissioner Gold out at 11:11 a.m.

21. General Public Comment (Limited to 2 Minutes Each Speaker): Rueben Lamb, NW 35th Street, noted today is his 53rd wedding anniversary. He advised that he has produced professional rodeos for the past 35 years and opined that current management staff at the Southeastern Livestock Pavilion (SELP) is the best he has ever seen. Commissioner Gold returned at 11:13 a.m.

Page 324, Book W

April 4, 2017

Mr. Lamb stated he has worked in other counties and states, noting the SELP facility is one of the finest venues to hold a rodeo event. He commented on the recent rodeo event held at the SELP and thanked Marion County Sheriff Billy Woods and Commissioners Zalak and Bryant for their support. Stoney Bearden, NW 30th Avenue, thanked the BCC for moving forward with the Ordinance for Medical Marijuana and standing up for the citizens of Marion County. Commissioner Bryant noted the Board is always advocating for its citizens in Tallahassee, especially relating to HB 17, which will take away the county's ability to locally regulate or implement Ordinances specific to Marion County. Henry Munoz, Marion Oaks Boulevard, commended the BCC for listening to and standing up for Marion County citizens.

UPDATE: Chairman Zalak addressed Item 6A relating to the extension of the moratorium on medical marijuana dispensing facilities and questioned whether staff can call a special meeting of the LDRC to speed up the timeline. County Administrator Bouyounes stated he will review the matter and bring information back to the Board.

3. ADOPT THE FOLLOWING MINUTES: (3 sets) 3A. February 21,2017 38. February 23, 2017 A 3C. February 23, 2017 B A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt the meeting minutes of February 21 and 23 (2 sets), 2017. The motion was unanimously approved by the Board (5-0).

4. CONSTITUTIONAL OFFICERS I GOVERNMENTAL ENTITIES: NONE

5. CLERK OF THE CIRCUIT COURT: 5A. Request Adoption of the Following Budget Amendment Resolutions: Upon motion of Commissioner Bryant, seconded by Commissioner Moore, the Board adopted the following Budget Amendment Resolutions transferring funds as presented by Clerk Ellspermann: 5A1. 17-R-076 - Criminal Justice Court Costs Fund - Court Innovations - $132,032 5A2. 17-R-077 - General Fund - Facilities Management - $21,600 5A3. 17-R-078 - General Fund - Facilities Management - $3,700 5A4. General Fund - Mental Health Court - $36,051 was pulled for discussion with Consent Agenda Item 7D1 5A5. 17-R-079 - Rainbow Lakes Estates MSD - Rainbow Lakes Estates General Government - $6,700 5A6. 17-R-080 - Rainbow Lakes Estates/MSTU for Road Improvements - Contracted Road Construction RLE MSTU - $4,000 5A7. 17-R-081 - Silver Springs Acres MSBU for Road Maintenance - Silver Springs Acres Road Maintenance - $17,738 (Ed. Note: MSD is the acronym for Municipal Service District; MSTU is the acronym for Municipal Service Taxing District; RLE is the acronym for Rainbow Lakes Estates; and MSBU is the acronym for Municipal Service Benefit Unit.)

Book W, Page 325

April 4, 2017

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 Stone, seconded by Commissioner Gold, the Board acted on the Consent Agenda as follows:

7A. Community Services: 7A1. Request Approval of HOME Investment Partnership Contract: Acquisition and Renovation of Affordable Housing - Back to Basic Properties, LLC, Ocala, FL (Budget Impact: Expenditure of HOME Grant Funds Not to Exceed $531,030) The Board accepted the following recommendation by Community Services Director Cheryl Martin:

Description/Background: At the December 6,2016 BOCC meeting, the FY 2016/17 HOME Investment Partnership Program funds was approved in the amount of $655,883, in addition to prior years' unexpended allotments. Community Services placed a notice of available HOME funds for the creation of affordable rental and housing units on March 1, 2017. Applications are being accepted until the funds have been committed and/or expended. Community Services received an application for HOME funding from Back to Basics Properties, LLC to acquire and renovate 6 duplexes (total of 12 units) in Ridge Meadows. These units will be available to low-moderate income families and/or individuals for an affordability period of up to 20 years. This project satisfies the Department of Housing and Urban Development's national objectives and improves the quality of life by increasing affordable housing for Marion County residents. Budget/Impact: Expenditure of HOME Grant Funds Not to Exceed $531,030 Recommended Action: Motion to approve the Marion County Standard Professional Services Agreement HOME Rental Project in the amount of $531,030 to support the affordable housing inventory in Marion County.

(Ed. Note: BOCC is an acronym for Board of County Commissioners; and HOME is the Home Investment Partnership Program.)

78. Development Review Committee: 781. Request Approval of Final Plat for Bridgewater Park Subdivision, Application #19113 (Budget Impact - None) The Board accepted the following recommendation by Growth Services Director Samuel Martsolf, on behalf of the Development Review Committee (DRC):

Description/Background: On March 27,2017, the Development Review Committee approved the Final Plat for the Bridgewater Park 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 6 lots and 4 tracts on 35.79 acres with .45 miles of private road. Budget/Impact: None. Recommended Action: Motion to approve the subject plat and to authorize the Chair and Clerk to execute the same.

7C. Growth Services:

Page 326, Book W

April 4, 2017

7C1. Request Approval for a Release of Lien on Code Enforcement Case No. 431196­PK (Budget Impact - None) The Board accepted the following recommendation by Growth Services Director Martsolf:

Description/Background: On April 8, 2005, the Code Enforcement Board imposed a fine on parcel #1328-014-026 and a lien was recorded on May 4,2005. Russell Ward, Assistant County Attorney, reviewed the attached documentation received by Code Enforcement on March 2, 2017, and determined thatthe County's interest was foreclosed. It is recommended that a Release of Lien be recorded on parcel # 1328-014-026 for case # 431196-PK. Budget/Impact: None. Recommended Action: Motion to approve recording a Release of Lien on parcel # 1328-014-026 for case number 431196-PK.

7C2. Request Approval for a Release of Lien on a Code Enforcement Board Fine on Case No. 696492-RH2 (Budget Impact - None) The Board accepted the following recommendation by Growth Services Director Martsolf:

Description/Background: On November 13, 2013, the Code Enforcement Board imposed a Code Enforcement Board fine on Code Case number 696492-RH2 for building without permits. The final administrative order lien was recorded in OR BK 05979 PG 1373 on January 3, 2014 totaling $3,000.00. Afterwards the Building Official declared the partially demolished mobile home on the property as an unsafe structure and after unsuccessful attempts to have the owner of the property remove the unsafe structure the County proceeded with an unsafe structure abatement. A certification and Claim of Lien Unsafe Structure was recorded on August 1, 2015 in an amount of $3,706.08. Mr. David Stafford, who intends to purchase the property, appeared before the Code Enforcement Board on March 8, 2017 to request a rescission of the Code Enforcement Board lien of $3,000.00. The applicant intents to pay the abatement lien which represents those hard costs of $3,706.08 paid by the County to have the unsafe structure removed. The Code Enforcement Board recommends that the Board of County Commissioners amend the prior order to rescind the Code Enforcement Board fine in its entirety on Case 696492-RH2. The LRM is attached. Budget/Impact: None. Recommended Action: Motion to approve the rescission of the Code Enforcement Board fine of $3,000.00 on Case 696492-RH2.

70. Human Resources: 701. Request Approval to Delete One (1) Trial Court Law Clerk Position, Pay Grade 18, Budget #1179 and One (1) Staff Assistant I Position, Pay Grade 3, Budget #2470 and Reclassify One (1) Staff Assistant IV Position, Pay Grade 10, from Budget # 1177 to Budget #2470 (Budget Impact - Savings of $90,457.39) The Board considered the following recommendation as presented by Human Resources (HR) Director Tart:

Description/Background: The Court Operations Manager is requesting the deletion of one (1) Trial Court Law Clerk position and one (1) Staff Assistant I position, along with the reclassification of one (1) Staff Assistant IV position from budget #1177 to budget #2470. These changes are being requested in order to reallocate

Book W, Page 327

April 4, 2017

funding due to reduced fee collections. The duties that are currently assigned to the two positions requested for elimination (one is vacant) will be reassigned to the Staff IV to correspond with her new department number. Therefore, we respectfully request the approval of the deletion of one (1) Trial Court Law Clerk position and one (1) Staff Assistant I position, along with the reclassification of one (1) Staff Assistant IV position from budget #1177 to budget #2470. Budget Impact: Savings of $90,457.39. There is also a corresponding budget amendment that is being submitted on this same agenda to allocate appropriate funds to budget #2470 for the reclassification. Recommended Action: Motion to approve the attached resolution to delete one (1) Trial Court Law Clerk position, pay grade 18, budget #1179 and one (1) Staff Assistant I position, pay grade 3, budget #2470 and the reclassification of one (1) Staff Assistant IV position, pay grade 10, from budget #1177 to budget #2470.

Chief Deputy Court Administrator Todd Tuzzolino advised that this Item is in regard to the $65 court cost revenue associated with Florida Statute (FS) 939.185 and noted the changes are being requested in order to reallocate funding due to a reduction in fee collections, which is unable to sustain the budget. He stated he has worked with the Administrative Judge, Clerk of the Circuit Court and HR staff to provide for the elimination of one Trial Court Law Clerk position and to shift a Case Manager position into the Mental Health Court. In response to Chairman Zalak, Clerk Ellspermann advised that the issue is the $65 fee is only assessed on particular cases, noting between the reduction in those type of court cases and the issue of collecting from those who are assessed the fee, the positions are unable to sustain themselves. He commented on Pre-Trial Intervention (PTI) programs, civil citations, etc., which can divert the case and the $65 fee is not assessed. Chairman Zalak questioned whether diversion programs help reduce caseloads. Mr. Tuzzolino advised that it will reduce the caseload in some areas; however, it will increase the workloads in others. He clarified that the Trial Court Law Clerk was established during the 2006 foreclosure crisis to help with those Circuit Civil cases. Chairman Zalak questioned whether the department will be requesting to increase staff positions in the upcoming budget. Mr. Tuzzolino stated staff will be presenting several proposals for programs that address juvenile delinquency; however, they are looking to try and get those positions funded by the state. He commented on the Juvenile Civil Citation Program, which was developed approximately 3 years ago, noting those job duties were absorbed within the Teen Court Unit. Mr. Tuzzolino advised that those duties have expanded the workload, noting there is proposed legislation that will make it mandatory. Chairman Zalak requested Mr. Tuzzolino work to realign those job duties by changing the job descriptions and bring back a reclassification plan versus having to add more staff in the budget. Chairman Zalak requested Mr. Tuzzolino work with the Administrative Judge relating to the county's need for help with litter control. Mr. Tuzzolino stated he will talk to the Judge. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to adopt Resolutions 17-R-082 and 17-R-083.The motion was unanimously approved by the Board (5-0). Resolution 17-R-082 is entitled:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO DELETE ONE (1) STAFF ASSISTANT

Page 328, Book W

April 4, 2017

I POSITION, PAY GRADE 3, BUDGET #2470 AND RECLASSIFY ONE (1) STAFF ASSISTANT IV POSITION, PAY GRADE 10 FROM BUDGET #1177 TO BUDGET #2470, ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES WITHIN THE MARION COUNTY COURT HOUSE DEPARTMENT, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN.

Resolution 17-R-083 is entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, TO DELETE ONE (1) TRIAL COURT LAW CLERK POSITION, PAY GRADE 18, ALONG WITH THE CORRESPONDING JOB DESCRIPTIONS AND PAY GRADES WITHIN THE MARION COUNTY COURT HOUSE BUDGET #1179, AND INCORPORATING THE FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION PLAN.

5A4. A motion was made by Commissioner Stone, seconded by Commissioner Moore, to adopt Budget Amendment Resolution 17-R-084 transferring $36,051 within the General Fund for Mental Health Court. The motion was unanimously approved by the Board (5-0).

7E. Procurement Services: 7E1. Request Approval of Piggyback and Contract: 17PB-099 - Seminole County's Bid #IFB-602347-15/GCM Hydrant and Valve Maintenance, Repair and Flushing Services ­R&M Service Solutions, LLC, West Palm Beach, FL (Budget Impact - Neutral; estimated annual expenditure of $25,000 as approved in FY 16/17 budget) The Board accepted the following recommendation by Procurement Services Director Susan Olsen:

Description/Background: Marion County Utilities (MCU) is requesting permission to piggyback Seminole County Government's (SCG) bid for a contractor to provide maintenance, repair, and replacement parts services for fire hydrants, valves and associated fittings, restraints, pipe, and flushing services at locations covered by the utility. The original contract was awarded on October 14, 2015 to R&M Service Solutions, LLC (R&M) and Hydromax USA, however only the services bid by R&M are necessary to MCU's functions. The contract with R&M is valid through November 22, 2018 and provides for two (2) annual renewal options pending mutual agreement by both parties. If those renewals are accepted by SCG, this agenda item also requests approval of those amendments to maintain the piggyback, provided all terms and conditions of the agreement are unchanged. Procurement Services has received and reviewed all paperwork to ensure the piggyback conforms to the Procurement Manual requirements, and will ensure any SCG renewals are in good order prior to presenting subsequent amendments for Marion County approvals. Attached for review is a copy of the draft contract which includes R&M's bid detail. Pending approval at today's meeting, it will be forwarded to R&M for signature, and upon return, and approval by Legal, will be forwarded to the Clerk and Chairman for signatures. Budget/Impact: Neutral; the estimated annual expenditure is $25,000. Recommended Action: Motion to approve the request to piggyback and allow staff

Book W, Page 329

April 4, 2017

to issue contract 17PB-099 and upon return, authorize the Chairman to execute the contract with R&M Service Solutions, LLC, under Seminole County Bid #IFB­602347-15/GCM

7E2. Request Approval of Contract Renewal: 11P-071, Background Screenings for Employees - Accurate Background Checks, Inc., Ocala, FL (Budget Impact - Neutral; estimated annual expenditure of $29,124 as approved in FY 16/17 budget) The Board accepted the following recommendation by Procurement Services Director Olsen:

Description/Background: At its April 21,2015 meeting, the Board approved the first contract renewal with Accurate Background Checks, Inc. (ABC) in accordance with the terms of the original agreement for background screenings as part of Human Resources' (HR) new hire procedures. The contract was originally awarded by the Board April 5, 2011 and services have been completed in accordance with its terms and conditions; therefore, it is HR Director Amanda Tart's recommendation that the contract be renewed for its second and final renewal term through April 30, 2019. Although the annual expenditure is expected to be within the County Administrator's authority to execute, the original agreement was signed by the Chairman therefore subsequent amendments are presented for similar signature authority. Attached for review is the Second Contract Amendment with ABC; pending approval at today's meeting, the contract will be sent to the firm, and upon return, and approval by Legal, will be sent for the Clerk and Chairman's signatures. Budget/Impact: Neutral; estimated annual expenditure of $29,124. Recommended Action: Motion to approve renewal and authorize staff to issue Second Contract Amendment to Accurate Background Checks, Inc. for services under 11P-071.

7E3. Request Approval of Selection Committee Recommendation: 17Q-054, Erosion Control Seed Suppliers - Grandview Landscaping Services, Inc., Ocala, FL; and Hancock Farm and Seed Co., Inc., Dade City, FL - (Budget Impact - None) The Board accepted the following recommendation by Procurement Services Director Olsen:

Description/Background: On behalf of the Office of the County Engineer (OCE), a Request for Qualifications (RFQ) was advertised to contract with qualified firms to supply erosion control grass seed for shoulder and drainage work on County's Right-of-Ways (ROWs) and Drainage Retention Areas (DRAs). Two (2) submittals were received, evaluated, and scored by the Selection Committee, consisting of Kenneth Stoldt, Greg Wiley, and John Gorentz. County Engineer, Tracy Straub, PE, is recommending award to Grandview Landscaping Services, Inc. and Hancock Farm and Seed Co., Inc. The Selection Committee determined that both firms are capable of supplying all materials within the delivery timeframe. It is the intent to solicit the selected firms for competitive quotes under this contract on an as needed basis. The attached draft contract will be identical to both firms and outlines all terms and conditions effective for a five (5) year term. Pending approval at today's meeting, contracts will be sent to the approved firms for execution as written, and upon return, will be forwarded for the County Attorney, Clerk, and Chair's signatures.

Page 330, Book W

April 4, 2017

Budget/Impact: Selection of firms under the RFO process carries no budget impact. Recommended Action: Motion to approve recommendation and allow staff to issue, and upon approval by Legal, authorize the Chairman to execute contracts with both subject firms for 170-054.

7F. Solid Waste: 7F1. Request Approval of the Florida Department of Environmental Protection (FDEP) Amendment NO. 001 to Agreement NO. S0946 to Establish a Hazardous Waste Cooperative Collection Arrangement with Sumter County for Fiscal Year (FY17) (Budget Impact - None) The Board accepted the following recommendation by Solid Waste Director Mike Sims:

Description/Background: FDEP Agreement NO. S0946 which was approved by the Board during the January 17, 20.17 BCC Meeting establishes the arrangement for a State of Florida grant and Sumter County to reimburse Marion County for hosting two (2) hazardous waste cooperative collection events for Sumter County residents and small businesses during FY17. Amendment NO. 001 to the Agreement addresses Page 1, Section 2. PERIOD OF AGREEMENT final sentence, by replacing "the date of execution" with July 1, 2016. Budget/Impact: None. Recommended Action: Motion to approve FDEP Agreement NO. S0946 Amendment NO. 001 in order to support two (2) FY17 hazardous waste cooperative collection events with Sumter County.

7G. Transportation - County Engineer: 7G1. Request Approval of a Statute 125 Deed to Convey Uneconomic Remnants from Parcel IDs 39279-012-00 and 39279-012-01 (a portion of) Associated with the SE 92nd Loop Project (Budget Impact - Neutral) The Board accepted the following recommendation by County Engineer Tracy Straub, Office of the County Engineer (OCE):

Description/Background: This is a request to approve a Statute 125 Deed conveying uneconomic remnants from Parcel IDs 39279-012-00 and 39279-012­01 associated with the SE 92nd Loop Project from Marion County to Vijai K. Prabhudial. This Stipulated Final Judgment and Order Awarding Attorney's Fees and Experts' Fees was signed by the Court on 1/24/2017. This is an agreement between both parties that addresses access issues caused by the taking. Budget/Impact: None. Recommended Action: Motion to approve the attached Statute 125 Deed and to authorize the Chair and Clerk to execute the same.

8. COUNTY ATTORNEY: 8A. Request Adoption of Initial Assessment Resolution for the High Point Improvement Area The Board considered the following recommendation by County Attorney Matthew G. Minter:

Description/Background: Pursuant to the Capital Improvement Ordinance (No. 09­10), the attached Initial Assessment Resolution have been prepared for the followingassessment project.

Book W, Page 331

April 4, 2017

HIGH POINTE IMPROVEMENT AREA The adoption of this resolution is the next step in the road assessment process. The final public hearing for this project is scheduled for April 27, 2017 at 2:00 p.m., respectively. Budget/Impact: None. Recommended Action: The Board of County Commissioners is requested to adopt the attached Initial Assessment Resolution and Authorize the Chairman and Clerk to execute same.

Mr. Minter commented on the Initial Assessment Resolution for the High Pointe Improvement Area, which is a road project that will have an approximate budget of $510,629.90. As the Board is aware, this is the first step of the process and the Resolution is presented for Board approval. The Resolution also sets a public hearing for a final assessment Resolution on April 27,2017 at 2:00 p.m. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Resolution 17-R-085 relating to the Initial Assessment Resolution for the High Pointe Improvement Area. Resolution 17-R-085 is entitled:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF ROAD IMPROVEMENTS; DESCRIBING THE REAL PROPERTY TO BE LOCATED WITHIN THE PROPOSED HIGH POINTE IMPROVEMENT AREA AND THE ROAD IMPROVEMENTS TO BE CONSTRUCTED THEREIN; ESTABLISHING THE METHOD OF ASSESSING THE COSTS OF THE ROAD IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

9. COUNTY ADMINISTRATOR: 9A. Administrative Updates. UPDATE: County Administrator Bouyounes advised that he has an update relating to earlier discussions regarding drainage issues and road signs near Stanton Junior High School (Item 2C). He advised that approximately 10 to 15 years ago all street signs were green, noting the county made a change in its Ordinance; wherein, roads that the county does not maintain were changed to white signs. County Engineer Tracy Straub, (OCE), presented a 1 page diagram showing the Gavin property drainage conceptual layout for SE 134th Avenue Road (public - paved road) and SE 167th Lane (private - dirt road). She advised that SE 134th Avenue Road is a county maintained road, which was previously an old slag road that the county had no ROW on, so several years ago staff filed a Maintenance Map, which allowed the county to take the ROW for where it had been maintaining. Ms. Straub stated the county still does not have enough significant ROW to perform any substantial work; however, Ms. Gavin has indicated that she is a very cooperative property owner. She referred to the handout and stated the triangular piece of property (south of the Gavin property) was purchased for taxes and appears to be an organization, noting staff is going to reach out to the owners

Page 332, Book W

April 4, 2017

to determine what it will take to acquire the property. The rectangular property adjacent to the Gavin property is a landlocked parcel that is privately owned and staff will also reach out to that property owner. Ms. Straub addressed the need to acquire enough property necessary to send the water runoff without affecting other people's private property. She noted field survey crews have recently been to the area and donated the survey staff needs to set the proper elevation and move forward to address drainage issues. Mr. Bouyounes advised that there are many roads similar to this in Marion County, where in the past, homeowners requested the county slag the roads and then maintain them. He noted those roads were not designed or developed the way current standards are now. Commissioner Moore noted the Marion County School Board is also trying to address safety issues facing students walking to and from school (e.g., sidewalks). Mr. Bouyounes clarified that SE 167th Lane is a dirt road not maintained by the county; however, children use it to walk to school. He opined that the only option the county has is to try and qualify that road for Community Development Block Grant (CDBG) funding, otherwise it will require a MSTU for road improvements. Community Services Director Cheryl Martin advised that this area does not currently qualify as a project under the Housing and Urban Development (HUD) guidelines for below moderate income levels; however, HUD does offer an option to perform an area survey by setting a distinct boundary and then interviewing neighbors individually to determine if they will qualify based on their specific income. She stated that staff will begin following through with that option once a specific boundary is developed. In response to Chairman Zalak, Ms. Martin advised that it will take approximately 30 days for staff to complete the process and provide the information to HUD, but noted she is unsure what the HUD timeline will be once they receive the information. Mr. Bouyounes noted the estimated cost to address drainage issues and pave a sidewalk along this roadway is approximately $150,000. He clarified that part of the roadway is on school property so staff will schedule a meeting with the School Board to discuss the matter. In response to Chairman Zalak, Ms. Straub addressed the amount of water coming off of surrounding properties going onto the road. Chairman Zalak clarified it is not the county's obligation to hold water for all the upland properties. Ms. Straub concurred, noting this is just a patch and will not totally fix the problem. Chairman Zalak opined the sidewalks are a School Board issue and it should be up to them to resolve.

98. Request to Uphold DRC's Denial Regarding Waiver Request LDC 6.14.2.B(1)(a) ­Water Connection & 6.14.2.B(2)(a) - Wastewater Connection for New Single Family Residential for the Christopher & Brittney Morris Property Parcel #48167-008-00, Project #2017030001, Application #19919 The Board considered the following recommendation from Growth Services Director Martsolf:

Description/Background: Section 6.14.2.B(1)(a) of the Land Development Code provides that new single family residential in the Urban or Rural area shall connect to a centralized water system with available capacity if a water line is within a connection distance of 400 feet. Section 6.14.2.B(2)(a) of the Land Development Code provides that new single family residential in the Urban of Rural area shall connect to a central sewer system if a sewer line from a central sewer system with

Book W, Page 333

April 4, 2017

available capacity is within a connection distance of 400 feet and connection may be made to the existing sewer line using a gravity line or an on-site pumping station. The applicant's statement of justification for the requested waivers is as follows: The applicant requests waivers because he just purchased this 3 acre parcel and used the money from selling his other house to buy it. It was never stated that he had to use County utilities upon purchase. He just closed on his construction loan at the bank so that J & J Design could start building his new home. The owner does not have the additional $20,000 needed to tie into the County utilities on top of the $5,500 quoted for a well and septic. The owner would never have bought this land knowing this and has used all of his savings to get this house built. The owner requests to be allowed to put a well and septic on the 3 acre parcel he purchased. DRC action on March 20, 2017, by a vote of 4-0, was to deny the requests. BUdget/Impact: None. Recommended Action: Motion to uphold the Development Review Committee's denial of the waiver requests.

Mr. Martsolf addressed DRC's recommendation for denial of a waiver request by Christopher and Brittney Morris regarding Parcel No. 48167-008-00. He noted the subject parcel is 3 acres in size and located north of Highway 42, just south of Lake Weir. Water and sewer is available; however, the applicants are requesting a waiver allowing them to put a well and septic system on the property. Chairman Zalak noted the applicants were not present in the auditorium and requested HR Director Tart check outside. Utilities Director Angel Roussel stated the applicant presented a cost estimate of $28,800 to connect, noting he advised them that the water connection is approximately $4,000 ($2,800 for the connection fees and service line and $1,200 to run the plumbing up to the house). He advised that the applicants informed staff they were told by the builder that it would only cost $5,500 to connect both water and sewer. Mr. Roussel stated the sewer system will have to be converted to a lift station and the line will have to run underneath the road to reach the force main on the south side of the road, which will cost approximately $20,000. He clarified staff's estimated cost to connect to central water and sewer is approximately $24,000 to $25,000 versus the $28,800 estimate presented by the applicants. In response to Chairman Zalak, Mr. Roussel stated the county does not normally run the lines under the road. Mr. Bouyounes stated the estimate just to run the line under the road is $4,800. In response to Commissioner Gold, Mr. Roussel stated the subject site is approximately one-half mile from the lake. Mr. Bouyounes noted approximately two-thirds of the subject parcel is located in the Environmentally Sensitive Overlay Zone (ESOZ). General discussion ensued. Mr. Roussel stated part of the issue is the applicants have taken out a mortgage to build the home and there is not enough left over to pay the difference between the $5,500 quoted from the builder to the actual costs of approximately $25,000 for connecting to central water and sewer. Chairman Zalak opined the quote from the builder is unrealistic. A motion was made by Commissioner Stone, seconded by Commissioner Gold, to agree with the DRC recommendation and deny the waiver request by Christopher and Brittney Morris regarding Parcel No. 48167-008-00.

Page 334, Book W

April 4, 2017

Mr. Bouyounes noted the applicants were not located outside. Chairman Zalak commented on previous discussions he had with Mr. Roussel in regard to septic tanks as it relates to future development. He opined that the Board may need to address the issue further and requested the County Administrator bring this matter back. Commissioner Bryant suggested staff hold one-on-ones with each Commissioner. Mr. Bouyounes stated staff is reviewing 1 unit of Orange Blossom Hills to determine how the county will run central water and sewer to this portion of the subdivision and noted staff will be bringing this matter back in 60 days for Board discussion and consideration. Chairman Zalak directed staff to hold one-on-ones with each Commissioner and then bring it back before the Board in order to make policy going forward.

9C. Request Approval of a Resolution Allowing Florida Governmental Utility Authority (FGUA) to Conduct a Due Diligence Evaluation of the Utility Systems Owned by the City of Dunnellon and Authorizing Marion County Utilities to Perform a Related Due Diligence Evaluation of the Utility Systems The Board considered the following recommendation from Utilities Director Angel Roussel:

Description/Background: The County Administrator received a letter from the City of Dunnellon inviting The Marion County Board of County Commissioners and Florida Governmental Utility Authority (FGUA) to perform a due diligence evaluation for the purpose of determining the interest in acquiring the water and wastewater systems in public ownership. A resolution to allow FGUA to perform a due diligence evaluation has been drafted and is being presented for consideration. In addition to considering the resolution, the Board is requested to authorize Marion County Utilities to perform a related due diligence evaluation of the utility systems. BudgeUlmpact: None. Recommended Action: 1) Motion to approve the proposed resolution and to authorize the Chair and

Clerk to execute the same. 2) Motion to authorize Marion County Utilities to perform a due diligence

evaluation of the utility systems in public ownership by the City of Dunnellon. Mr. Bouyounes addressed the City of Dunnellon's letter inviting the BCC and FGUA to perform a due diligence evaluation to determine interest in acquiring water and wastewater systems in public ownership by the city. He advised that FGUA will need a Resolution from the BCC to allow them to move forward. Mr. Bouyounes noted his recommendation includes allowing Marion County Utilities (MCU) to perform due diligence as well. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt a Resolution relating to FGUA and authorize MCU to perform a due diligence evaluation to determine interest in acquiring water and wastewater systems in public ownership by the City of Dunnellon. The motion was unanimously approved by the Board (5-0). Chairman Zalak advised that he did not want MCU to be involved in this process, noting he preferred FGUA perform the due diligence. In response to Commissioner Gold, Mr. Bouyounes clarified the recommendation is for MCU to perform its own due diligence, noting no decision or recommendation has been made to take over that system.

Book W, Page 335

April 4, 2017

Chairman Zalak expressed his preference that MCU not spend the money. In response to Mr. Bouyounes, Mr. Roussel advised that there will be a cost to the county associated with having rate consultants review the utility as part of its due diligence. He stated FGUA and MCU will combine some of the efforts and information. General discussion ensued. In response to Commissioner Stone, Mr. Bouyounes advised that FGUA will share the information with MCU and if the county moves forward with purchasing the utility system, then the county will pay FGUA for the information. Commissioner Bryant withdrew her motion and Commissioner Moore withdrew his second. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to adopt Resolution 17-R-086 relating to FGUA and deny the request to authorize MCU to perform a due diligence evaluation to determine interest in acquiring water and wastewater systems in public ownership by the City of Dunnellon. The motion was unanimously approved by the Board (5-0). Resolution 17-R-086 is entitled:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA, FINDING THAT A DUE DILIGENCE EVALUATION BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY OF THE WATER AND WASTEWATER SYSTEMS OWNED BY THE CITY OF DUNNELLON, FLORIDA, FOR THE PURPOSE OF CONTEMPLATING ACQUISITION OF SUCH ASSETS IS IN THE PUBLIC INTEREST; AUTHORIZING SUCH DUE DILIGENCE EVALUATION BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.

10. COMMITTEE ITEMS: 10A. Well Florida Council- Request Re-Appointment of One (1) Full Member (Purchaser) for a Full Term Executive Assistant Nadja M. Griffis, Commission Office, presented the following recommendation:

Description/Background: The Well Florida Council has a term expiring on March 2017. The term is for a "purchaser" and there has been one applicant, the current incumbent, who is available for reappointment:

- Mary Ellen Poe, Chief Executive Officer - Hospice of Marion County. Budget/Impact: None. Recommended Action: Motion to re-appoint Ms. Poe to the Well Florida Council for a full term to end March 2020.

Clerk Ellspermann advised that the applicant received the appropriate votes. A motion was made by Commissioner Moore, seconded by Commissioner Bryant, to re­appoint Mary Ellen Poe as a member on the Well Florida Council. The motion was unanimously approved by the Board (5-0).

10B. Marion Oaks MSTU for Recreation Services and Facilities - Request Reappointment of One (1) Full Member for a Full Term Executive Assistant Griffis, Commission Office, presented the following recommendation:

Page 336, Book W

April 4, 2017

Description/Background: There is one term expiring on the Marion Oaks MSTU for Recreation and Facilities and we have received one application, the current incumbent, who is available for re-appointment:

- Alice Mitchell, retired - education. Budget/Impact: None. Recommended Action: Motion to re-appoint Ms. Mitchell to the Marion Oaks MSTU for Recreation and Facilities for a full term ending April 2021.

Clerk Ellspermann advised that the applicant received the appropriate votes. A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to re­appoint Alice Mitchell as a member on the Marion Oaks MSTU for Recreation and Facilities. The motion was unanimously approved by the Board (5-0).

11. NOTATION FOR ACTION: 11A. Request Approval to Schedule a Workshop to Discuss the Marion County Fiscal Impact Model on Tuesday, April 11,2017 at 9:00 a.m. The Board considered the following recommendation from Growth Services Director Martsolf:

Description/Background: The Growth Services Department has reviewed and updated the Marion County Fiscal Impact Model. Originally developed in 2007, the model has been updated with the latest County budget 'figures and other relevant financial data. This fiscal impact model is a spreadsheet based input-output (1-0) model designed for a user to populate the model with relevant assumptions (the input), which are processed through a series of calculations and links to provide a tangible result (output) that can be interpreted by County staff and policy makers. The model allows the County to evaluate the merits of planned developments and proposed land use changes in the context of fiscal economic sustainability. Specifically, it can assist in the determination of whether a proposed development is paying for itself in terms of services. This information can assist planners in making land use decisions, where alternative choices of land use mix, density, intensity, and location, can affect the revenue and cost generation levels of new development projects. Budget/Impact: None. Recommended Action: Motion to schedule a workshop to discuss the Marion County Fiscal Impact Model on Tuesday, April 11, 2017 at 9:00 a.m.

A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to schedule a workshop on Tuesday, April 11, 2017 at 9:00 a.m. to discuss the Marion County Fiscal Impact Model. The motion was unanimously approved by the Board (5-0).

11B. Request Approval to Schedule a Closed Meeting on Tuesday, April 18, 2017 during (recessed) or following the regular scheduled Board of County Commission meeting pursuant to F.S. 286.011(8) to discuss Settlement negotiations and/or litigation strategy in the case of Gary Liebler vs. Marion County The Board considered the following recommendation from County Attorney Minter:

Description/Background: Marion County is currently involved in an auto liability claim by Gary Liebler. The auto accident occurred on June 21, 2016. Florida Statutes, 286.011(8), provides for Closed Meetings with the Board, the County Administrator, Matthew Minter, County Attorney, and a court reporter, to discuss settlement negotiations and/or litigation strategy. This request is for the Board to

Book W, Page 337

April 4, 2017

authorize the closed meeting on Tuesday, April 18, 2016 during (recessed) or following the regular scheduled Board of County Commission meeting. Budget/Impact: The only impact will be the court reporter and defense counsel fees which are included in the current budget. Recommended Action: Motion to authorize and schedule the requested closed meeting pursuant to F.S. 286.011(8) on Tuesday, April 18, 2017 during (recessed) or following the regular scheduled Board of County Commission meeting.

County Attorney Minter advised that this Item was withdrawn by staff.

12. COMMISSIONER ITEMS: 12A. Commission Comments Commissioner Stone advised that Thursday, April 6, 2017 is the annual Victims Remembrance Ceremony hosted in the Jury Assembly room at the Marion County Judicial Center. She commented on a company known as "Reverse a Tatt" that is offering free tattoo removal for human trafficking victims, noting more information is available at www.reverseatatt.com. Commissioner Stone expressed concern that homelessness is becoming a chronic issue in Marion County. She commented on a presentation at the March 21, 2017 BCC meeting by Saving Mercy, which is a non-profit 501 (c)(3) organization comprised of concerned citizens dedicated to helping men and women who are chronically homeless. Commissioner Stone suggested the BCC hold a workshop and requested the County Administrator bring in some experts, as well as other municipalities, to discuss this matter further. She advised that last year she attended an event hosted by Andre Bailey relating to the Housing First Model, which has a success rate of approximately 85% and may be something the BCC, as well as municipalities want to consider. Commissioner Moore concurred and opined that more discussion is needed in order to avoid any unintended consequences. General discussion ensued. Chairman Zalak expressed concern that some of the proposals for housing projects are located within the county's Community Redevelopment Area (CRA), which will take those parcels off the tax roll. He stated he spoke with Mr. Bouyounes and Councilman James P. Hilty, City of Ocala, and opined that the county should wait and allow the City to go through its planning process relating to this issue and then hold a joint workshop to discuss the matter further. Commissioner Stone clarified that the Housing First Model is not designed to have one specific area and spreads the housing throughout the community. Chairman Zalak noted the proposal presented by Saving Mercy will place the housing in a concentrated area. Commissioner Stone opined that it will benefit the Board to have experts come in to educate Commissioners and the public about the program/model. Chairman Zalak advised that he has requested staff provide examples of other programs utilizing models similar to the Housing First Program, but noted that one population of folks in need is very different than another county's population in need. General discussion resumed. Mr. Bouyounes stated he will work with Commissioner Stone to schedule a workshop and bring in experts and community organizations to present information for Board consideration.

Page 338, Book W

April 4, 2017

Commissioner Stone commented on the recent Employee Wellness Fair, noting she was extremely impressed. She addressed the upcoming Run for the Springs 5K event, noting money raised will be used to help protect the springs.

Commissioner Moore advised that he has been talking to members from the Ocala City Council regarding the parking garage lease and encouraged staff to work with City of Ocala Manager John Zobler. Mr. Bouyounes stated he provided a draft lease to Mr. Zobler last week and specifically requested that if there are any questions or issues to please let staff know. He advised that once he receives feedback from the City he will bring it back to the BCC for consideration. Commissioner Moore expressed his appreciation to Fire/Rescue, first responders and county employees and thanked them for their service to the citizens of Marion County.

Commissioner Gold advised that he has nothing further to add today.

Commissioner Bryant advised that the BCC is continuing to work locally and through the current Legislative Session and requested citizens email members of the House of Representatives requesting their support of Marion County as the next location for the Veterans Nursing Home. She noted that Wednesday, April 5, 2017 is FAC Legislative Day in Tallahassee.

UPDATE: Chairman Zalak advised that staff has worked out the schedule for the final public hearing relating to the establishment of medical marijuana dispensing facilities (Item 6A), noting the public hearing will be scheduled for Tuesday May 16, 2017.

Chairman Zalak presented a 1 page draft letter to the Marion County Legislative Delegation dated March 30, 2017 relating to HB 687 and SB 596 regarding the placement of antennas and other equipment on utility poles and street lights. He stated it is time the Board went on the record in opposition of the proposed Bills. In response to Chairman Zalak, Commissioner Bryant requested language be included in the letter that addresses the discrepancy in payments to municipalities, as well as why COD's and other entities are exempt from these Bills while counties and cities are not. It was the general consensus of the Board to direct the County Administrator to include that language. Chairman Zalak opened the floor to public comment. There being none, Chairman Zalak advised that public comment is now closed. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to accept the letter, as amended, to the Marion County Legislative Delegation. The motion was unanimously approved by the Board (5-0).

Chairman Zalak advised of an email he received from the City of Ocala relating to the expansion of the West Ocala CRA, which is up for final approval. He requested Board approval to present the city with some of the issues the county has, noting the CRA as proposed does not have the ability to set aside funding for incremental increases over time, which is something the county believes should be done in order to support emergency management, libraries, etc., inside city limits.

Book W, Page 339

April 4, 2017

Senior Planner Chris Rison, Growth Services, advised that the city is in the process of completing its Finding of Necessity (FON), noting once the area is determined to be under blight conditions, then the next step will be to introduce the CRA Plan and establish the expansion of trust fund to include the new area. He stated the county provided input at the time of the original CRA Plan and the city revised the tax increment rate to 90% rather than 95%. In response to Chairman Zalak, Mr. Rison advised that the county can make the request for a lower rate of tax revenue to go back into the CRA. Chairman Zalak addressed the need to cover costs of services now and in the future and opined that Budget Director Michael Tomich should be able to provide a number that will reflect inflation costs that the county needs to recover in order to provide the same levels of service (LOS) in the future. Mr. Rison stated when the city has its new CRA Plan it will include those projections as well. Chairman Zalak requested the Clerk allow Budget Director Tomich to provide the information necessary to recover the cost of services for future capacity. He stated he will write a letter to the city once the information has been provided. It was the general consensus of the Board to concur. Chairman Zalak expressed his appreciation to firefighters in the Ft. McCoy/Orange Springs area for their quick response to the recent fire in that area. He noted the county will continue to work with Clay Electric Company relating to power outages in that area. Chairman Zalak thanked the MCSO for directing traffic and closing roads when visibility became an issue in order to keep citizens safe.

128. Commission Calendar The Chairman acknowledged receipt of the Commission calendar covering the period of April 4, 2017 through April 27, 2017.

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

13. NOTATION FOR RECORD: 13A. County Administrator Informational Items: 13A1. Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Teresa DeJohn Property Parcel #09734-002-00, Application #20004 13A2. Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Carlos Concepcion Property Parcel #44658-003-00, Application #20003 13A3. Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Alan & Ruth Hendrickson Property Parcel #08452-000-00, Application #20002 13A4. Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Jack & Kathlyn Kiner Property Parcel #48406-001-00, Application #19988 13A5. Outside Counsel Fees/February, 2017 - March, 2017 13A6. Present DRC Waiver Request LDC 2.16.1.B(10) - Family Division for the Peter Ciraco Property Parcel #44659-001-00, Application #20013

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

Page 340, Book W

April 4, 2017

13C. General Informational Items: 13C1. Marion County Health Department - For the Latest health news and information, Visit the Website at http://marion.floridahealth.gov/ 13C2. Present Bahia Oaks Unit No.3 aka West Wind Trails, Plat L, Page 67 Petition Count for Proposed Road Assessment

130. Clerk of the Court: 1301. Present Regular Report of Utilization for Reserve for Contingencies 1302. Present Lands Available for Taxes Which The County May Purchase (Within 90 Days From 02/8/17) For the Opening Bid Amounts, Pursuant To Chapter 197.502(6)(c), Florida Statutes 1303. Present the Acquisition or Disposition of Property Forms Authorizing Changes in Status, as Follows: 26846, 30879, 32127, 32218A, 33515, 34807, 37972, 39607, 39706, 40232,40699,40848,41643,45652 1304. Present Report No. 2017-03 Regarding Rainbow Lakes Estates (RLE) Volunteer Fire Department.

13E. Present for information and record, minutes and notices received from the following committees and agencies: 13E1. Development Review Committee (DRC) - December 12, 2016; March 6 and 13, 2017 13E2. Land Development Regulation Commission (LDRC) - February 22,2017 13E3. Marion Oaks MSTU for General Services Advisory Council - February 22,2017 13E4. Marion Oaks MSTU for Recreation Services and Facilities - February 14, 2017 13E5. Pine Run MSTU Advisory Council - February 22,2017 13E6. Southwest Florida Water Management District (SWFWMD) - For Minutes and Agendas, Visit the Website at http://www.WaterMatters.org 13E7. St. Johns River Water Management District (S..IRWMD) - For Minutes and Agendas, Visit the Website at http://www.f1oridaswater.com 13E8. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the Website at http://www.ocalafl.org/tpo 13E9. Withlacoochee Regional Water Supply Authority 0NRWSA) - For Minutes and Agendas, Visit the Website at http://www.wrwsa.org

There being no further business to come before the Board, the meeting thereupon adjourned at 12:19 p.m.

Carl Zalak, III, Chairman

Attest:

Book W, Page 341

April 4, 2017

THIS PAGE INTENTIONALLY LEFT BLANK

Page 342, Book W