Official Minutes of
MARION COUNTY
BOARD OF COUNTY COMMISSIONERS
February 21,2017
CALL TO ORDER:
The Marion County Board of County Commissioners met in regular session in
Commission Chambers at 9:02 a.m. on Tuesday, February 21,2017 at the Marion County
Governmental Complex located in Ocala, Florida.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The meeting opened with invocation by Commissioner Stone 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; Vice­
Chairman 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. PROCLAMA"nONS/PRESENTATIONS/RESOLUTIONS:
1A. PRESENTATION - Healthy Weight Community Champion Award Presentation by
Marion County Department of Health, Health Officer Erin Hess (Presentation Only)
County Administrator Mounir Bouyounes, Administration, presented the following
recommendation:
Description/Background: The Administrator's office was contacted by the
Department of Health with the request to present the Healthy Weight Community
Champion Award to the County Commission. Erin Hess will be presenting and the
County's Health and Wellness will be on hand to accept the award with the
Commission.
Budget/Impact: None.
Recommended Action: Present award.
Health Officer Erin Hess, Marion County Department of Health (DOH), presented the
Healthy Weight Community Champion Award to the Marion County Board of County
Commissioners (BCC). She stated DOH created the Healthy Weight Florida Initiative in
2013 to help combat the obesity trend and put Florida on the path towards better health,
noting this is the 4th year DOH is recognizing Marion County as a Healthy Weight
Community Champion. The BCC continues to increase the consumption of healthy and
affordable foods by hosting a weekly health happens farmers market, as well as
implementing physical activity challenges through the employee wellness program.
Health and Wellness Coordinator Katrina Meeks gave a brief overview of upcoming
events.
Book W, Page 121
February 21, 2017
1B. PROCLAMATION - Black History Month - Dr. Anna DeWese, Director of Grants and
Federal Programs, Marion County Public Schools (Approval and Presentation)
The Board presented the Procla~tion.eesignating the month of February, 2017 as
"Black History Month" to Dr. Anna DeWese, Director of Grants and Federal Programs,
Marion County Public Schools.
Dr. DeWese accepted the proclamation on behalf of the Marion County Public Schools
and for all of the people who have paved the way to make Marion County a great place.
She stated the open house for the Black History Museum located at Howard Academy
and Community Center will take place on Saturday, February 25, 2017 from 2·:00 p.m. to
5:00 p.m.
In response to Commissioner Bryant, Commissioner Gold advised that the Marion County
Museum also has a Black History display developed by Dr. Richard Cardinali.
1C. PROCLAMATION - Engineers Week - Tracy Straub, Office of County Engineer
Director (Approval and Presentation)
The Board presented the Proclamation designating the week of February 19 through 25,
2017 as "Engineers Week" to County Engineer Tracy Straub and members of the local
Forest Chapter of the Florida Engineering Society (FES).
Mr. H. Elton Holland, PE, President of FES advised that the chapter's charter was signed
by Sam Martsolf in 1972. He provided a brief overview of community outreach programs,
scholarships and events supported by FES.
Ms. Amber Gartner stated the annual engineering day will be held at the Discovery
Science Center on Saturday, March 4,2017 from 10:00 a.m. to 3:00 p.m. She advised
that there is no cost for the event, noting citizens can register children ages 5 to 15 on
the Discovery Science Center's website.
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. Tim Cowart, CEO of The Centers, Inc. - Letter of Support
Chief Executive Officer (CEO) Tim Cowart, The Centers, Inc., SW 62 nd Street, requested
a Letter of Support for the Family Intensive Treatment Team, which will be fully funded by
the State of Florida. He advised that both Senator Baxley and Representative Stone have
sponsored the program and The Centers is now looking for county support.
Mr. Cowart stated the Family Intensive Treatment Team concentrates on families in the
child welfare system due to addiction issues of at least one parent. A therapist will work
with the parent struggling with addiction along with a peer support worker who has battled
addiction in the past. The case manager will assist in general functions of the household.
(i.e. job placement, stable housing and navigating through the system.) He advised that
the ultimate goal is to keep families intact.
Mr. Cowart advised that a similar program, Family Behavioral Treatment, is in place,
which is funded through Kids Central, Inc. Due to budget constraints the program will be
dissolved July 1,2017. He stated the existing program has a success rate of 65 percent
(%), noting the new program is shooting for 80%.
Page 122, Book W
February 21, 2017
In response to Chairman Zalak, Mr. Cowart stated the program can assist approximately
30 families at once, with an annual budget of $400,000. There are 2 teams consisting of
a therapist, peer support-person, case manager and 1 overall program supervisor. A
family may stay in the program between 12 and 18 months. He advised that there are no
other programs in Marion County that currently provide the same assistance.
Chairman Zalak commented on the importance of helping families struggling with
addiction. It was the general consensus of the Board to provide a letter of support to The
Centers, Inc. Mr. Bouyounes stated Item 11 C addresses the letter of support for The
Centers, Inc.
Commissioner Gold questioned what criteria qualifies a family to participate in the
program. Mr. Cowart advised that the family has to be in the child welfare system and the
parent has to have a substance abuse diagnosis.
(Ed. Note: This matter was again addressed later in the meeting.)
28. Richard Graybill - General
Richard Graybill, SE 158th Street, did not appear when called upon to speak.
2C. Gene LaCross - General
Gene LaCross, NE 22 nd Avenue, commented on the International Monetary Fund (IMF)
Governmental Service Corporation and sovereign rights in America.
20. Ron Raack - Constitutional Rights
Ron Raack, SE 131st Place, Ocklawaha, presented a 6 page handout regarding the
Constitution. He commented on the Constitution and responsibility of the government to
protect the rights of the people.
In response to Mr. Raack, Commissioner Bryant advised County Attorney Minter replied
to Mr. Raack's email on behalf of Board of County Commissioners (BCC) on February
10,2017.
2E. Ernest Valerio - Baseball
Ernest Valerio did not appear when called upon to speak.
2F. Hagen Smith - General
Hagan Smith, NW 105th Terrace, presented a 3 page handout entitled, "We the People".
He commented on the Common Law Grand Jury and expressed his opposition to
Ordinance 16-43.
2G. General Public Comment (Limited to 2 Minutes Each Speaker):
Kathy Davis, SW 117th Street Road, did not appear when called upon to speak.
Domenic Ferrelli, Chestnut Drive, did not appear when called upon to speak.
Roger Knechtel, SE 97th Terrace Road, Summerfield, addressed the Board in regard to
littering in Marion County and urged everyone to forgive people for what happened in the
past. He expressed his appreciation to Chairman Zalak for speaking on the Bob Rose
radio show in regard to public services in Marion County.
In response to Mr. Knechtel, Chairman Zalak advised that the county has mechanisms in
place to maintain a good balance of Farmland and urban growth.
Henry Munoz, Marion Oaks Boulevard, addressed the Board in regard to Item 11A, as it
relates to a moratorium on small cell and micro tower placement in county right of way
Book W, Page 123
February 21,2017
(ROW). He opined that Marion Oaks could benefit from having the additional towers.
Chairman Zalak stated the 3rd party micro tower companies are trying to establish
themselves as utilities, which would allow them a different set of easement rules. The
county believes these companies are 3rd party vendors and other options should be
reviewed for tower placement. He advised that the BCC is fighting for the right to have
rules in place to dictate what takes place in the county's ROW. Commissioner Bryant
stated placement of small cell and micro towers in the ROW is a priority of the Florida
Association of Counties (FAC).
In response to Mr. Munoz, Chairman Zalak advised that workshops are not open to public
comment.
3. ADOPT THE FOLLOWING MINUTES: (1 set)
3A. January 17, 2017
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
adopt the meeting minutes of January 17, 2017. The motion was unanimously approved
by the Board (5-0).
4. CONSTITUTIONAL OFFICERS I GOVERNMENTAL ENTITIES:
4A. George Albright, Marion County Tax Collector - Request Selection of a Newspaper
to Advertise Real or Personal Property with Delinquent Taxes Pursuant to Florida Statute
Chapter 197.402
The Board considered the following recommendation from Tax Collector, George Albright:
Description/Background: Florida Statute 197.402 states that if advertisements are
required, the Board of County Commissioners shall select the newspaper as
provided in Chapter 50. There are two newspapers in Marion County that meet the
statutory requirements of Chapter 50 for advertising. Bids have been requested
from both the Ocala Star Banner and Voice of South Marion newspapers.
Per Tax Collector's Office, because FS 197.402 was clear on intent, previous Rule
12D-13.036 was repealed and the Tax Collector can no longer select the
newspaper.
Aforementioned bids will be presented at meeting and Craig Silverman, Director
of Tax Services will be present to answer any questions and provide information
regarding bids by the newspaper.
Budget/Impact: None.
Recommended Action: Motion to approve a newspaper for the advertisement of
real or personal property with delinquent taxes.
Director of Tax Services Craig Silverman, Tax Collector's Office, presented a 4 page
handout regarding bids for the advertisement of real or personal property with delinquent
taxes. Mr. Silverman advised that the Florida Legislature decided when a Florida Statute
(FS) is clear on intent there should be no rule to interpret it differently. FS 197.402 states
the BCC shall select the newspaper as provided for in Chapter 50. He stated previously
if the Board had not selected a newspaper by the 1st meeting in February, the Tax
Collector could proceed with the selection.
Mr. Silverman advised that bids went out to various newspapers. The Ocala Star Banner
and Voice of South Marion are the 2 newspapers that meet the Chapter 50 requirements
for length of service, distribution and readership. He stated the Ocala Star Banner is the
lowest cost for both real property and delinquent tangible personal property.
Page 124, Book W
February 21,2017
In response to Commissioner Bryant, Mr. Bouyounes stated the bidding process does not
need to go through Procurement and can be conducted by the Tax Collector's Office.
directly. He advised that the Board will select the firm and the Tax Collector can contract
directly with the newspaper.
A motion was made by Commissioner Bryant, seconded by Commissioner Gold, to select
the Ocala Star Banner newspaper for advertisement of real or personal property with
delinquent taxes. The motion was unanimously approved by the Board (5-0).
5. CLERK OF THE CIRCUIT COURT:
SA. 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:
SA1. 17-R-029 - Fine & Forfeiture - Sheriff Regular - $10,000
SA2. 17-R-030 - General Fund - Animal Services - $5,130
SA3. 17-R-031 - General Fund - Code Enforcement - $1,750
SA4. 17-R-032 - General Fund - MSTU/Assessments - $1,905
SAS. General Fund - Public Safety Communications - $49,244 was withdrawn by staff.
SA6. 17-R-033 - MSTU for Law Enforcement - Sheriff Patrol & CID - $34,915
SA7. 17-R-034 - MSTU for Law Enforcement - Sheriff Patrol & CID - $33,279
SA8. 17-R-035 - MSTU for Law Enforcement - Sheriff Patrol & CID - $4,000
SA9. 17-R-036 - Rainbow Lakes Estates/Fire Protection MSBU - Fire Control Service ­
$44,000
SA10. Series 2017A Capital Projects Fund - Improvements 2017A - $85,954 was
withdrawn by staff.
(Ed. Note: MSTU is the acronym for Municipal Service Taxing Units; MSBU is the
Acronym for Municipal Service Benefit Units; and CID is the acronym for Criminal
Investigation Division)
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 Moore, the Board
acted on the Consent Agenda as follows:
7A. Community Services:
7A1. Request Approval of FY 16/17 Community Development Block Grant (CDBG)
Project for Unencumbered Funds (Budget Impact - $576,000)
The Board accepted the following recommendation as presented by Community Services
Director Cheryl Martin:
Description/Background: One of the eligible Community Development Block Grant
(CDBG) FY 16/17 recipients declined their awarded funding in the amount of
$576,000. Community Services advertised for the unencumbered funds. Four (4)
community agencies applied for infrastructure projects based on the priorities of
the County's CDBG Five Year Consolidated Plan and Action Plans. The
applications were scored independently and ranked accordingly by a committee
comprised of three (3) local funding agencies. (Attached is the Project Tabulation
Book W, Page 125
February 21,2017
and Rank Sheet for reference.) Staff recommends approval of the three (3)
projects selected for funding, as follows:
1. Creative Services ($366,000) - Property acquisition
2. The Centers ($130,000) - Building renovation, fencing and roof renovation
3. Early Learning Coalition of Marion County ($80,000) - Roof replacement
Pending approval, a standard professional services agreement for each project will
be presented for board consideration at the appropriate time.
Budget/Impact: Encumbering of $576,000 of CDBG FY 16-17 funds for newly
selected projects.
Recommended Action: Motion to approve projects and funding levels as
recommended by the Scoring Committee.
78. Human Resources:
781. Request Approval of the Reclassification Plan within the Marion County Public
Library System Department Budget #6210 (Budget Impact - Expenditure of $11 ,517.17)
The Board accepted the following recommendation to adopt Resolution 17-R-037, as
presented by Human Resources (HR) Director Amanda Tart:
Description/Background: Position vacancies of longstanding employees have
freed up dollars to enable the library to propose four priority reclassifications.
These reclassifications are in an effort to achieve greater functionality and
increased capacity among staff. The reclassifications will improve customer
service, address inconsistencies in staffing levels, increase functionality and
flexibility and enhance the overall efficiency and effectiveness of the department.
Last year, with the elimination of the Administrative Staff Assistant position the
remaining staff assistants were required to assume the responsibilities of that
position. Responsibilities were divided and cross-training has occurred so that no
job is left undone during absences. The Staff Assistant II and III positions are being
proposed for a reclassification to match their new responsibilities as well as bring
them on par with the remaining staff member who is at the Staff Assistant IV level.
Having each of the three at the same level provides for equity and flexibility in the
division of duties.
Recognizing that additional positions are not feasible at this time, it is necessary
to maximize the efficiency, functionality and flexibility of existing positions, within
budget confines. The vacant Library Aide (pay grade 2) in the Children's division
and a vacant Circulation Assistant (pay grade 3) at Freedom Public Library are
limited in their scope of duties. The two positions are being proposed for
reclassification to Public Services Assistant (pay grade 4). These reclassifications
will enable the library to seek a higher level applicant and expand the
responsibilities of the individuals who will hold these positions, offer greater
flexibility with scheduling and assignment of duties and in service to the public.
Budget/Impact: Although the reclassification requires an expenditure of
$11,517.17, the impact to the adopted department budget #6210 for Fiscal Year
2017 will be a savings of $619.
Recommended Action: Motion to approve the resolution for the reclassification
plan for the Marion County Public Library system Department Budget #6210 as
described in the attachments.
7C. MSTU:
Page 126, Book W
February 21,2017
7C1. Request Approval for Final Acceptance of the 2015 Marion Oaks MSTU Overlay
Project and Release Contractor from Further Warranty (Budget Impact - None)
The Board accepted the following recommendation as presented by MSTU Director
Shawn Hubbuck:
Description/Background: The 2015 Marion Oaks MSTU Overlay project, Bid No.
13-B-206, was inspected by our County Project Coordinator and Moorhead
Engineering Company on January 23, 2017 and was mutually agreed as
satisfactory and acceptable to be released from the one year warranty. This
warranty began on December 31,2015. The 2015 Marion Oaks MSTU Overlay will
be county maintained.
Budget/Impact: None.
Recommended Action: Motion to accept construction of the 2015 Marion Oaks
MSTU Overlay project and authorize Chairman to execute letter to the contractor
advising they are released from further warranty of this project.
70. Procurement Services:
701. Request Approval of Selection Committee Recommendation: 17P-055 Elevator
Maintenance - Oracle Elevator, Orlando, FL. (Budget Impact - Neutral; annual
expenditure of $52,860 as approved in FY 16/17 budget)
The Board accepted the following recommendation as presented by Procurement
Services Director Susan Olsen:
Description/Background: On behalf of Facilities Management, Procurement sent
out an RFP for Elevator Maintenance. Two (2) firms submitted responses to
provide elevator maintenance and service to several county owned buildings
including the Judicial Center, Parking Garage, Utilities, Clerk's Office, Clerk's
Annex, Clerk's Records, Public Defender, Health Department and East Hall. These
proposals were evaluated and scored by the Selection
Committee members: Mike Bates, Chad Wicker and Brian Hing. Facilities
Management Director, Andy Race, supports the Selection Committee's
recommendation to award the contract to the higher ranking and lower priced firm,
Oracle Elevators. The contract term is for an initial five (5) years with three (3) 2­
year renewal options, pending mutual agreement and Board approval. Attached
for review is a draft contract with the fee breakdown included as Exhibit B. While
the estimated annual expenditure of $52,860 is for the monthly maintenance of the
elevators, a separate hourly cost estimate has also been established for repairs.
Funds will be available in the appropriate account. In addition, each elevator will
require upgrades over the next few years to meet new codes and laws. A plan has
been determined and budgeted within Facilities budget for these upgrades using
this firm, their negotiated hourly rates and equipment costs. Pending approval at
today's meeting, the contract will be forwarded to the vendor for execution as
written, and upon return, will be processed to the County Attorney, Clerk and
Chairman for signatures.
Budget/Impact: Neutral; annual expenditure for maintenance not to exceed
$52,860. Required upgrades and replacement of equipment not to exceed
$400,000 as currently budgeted in FY 16/17; future expenditures shall not exceed
approved budgeted amounts.
Book W, Page 127
February 21,2017
Recommended Action: Motion to approve recommendation and allow staff to issue
contract, and upon approval by Legal, authorize the Chairman to execute the
contract with Oracle Elevator under RFP 17P-055.
(Ed. Note: RFP is the acronym for Request for Proposals.)
702. Request Approval of Contract Amendment: 14P-020, Utilities Lawn and Grounds
Maintenance - Picture Perfect Lawn and Landscaping, Inc., Summerfield, FL (Budget
Impact - Neutral; estimated expenditure of $131,638 as approved in FY 16/17 budget)
The Board accepted the following recommendation as presented by Procurement
Services Director Olsen:
Description/Background: At its January 21, 2014 meeting, the Board awarded a
contract to Picture Perfect Lawn and Landscaping, Inc. for Utilities' grounds
maintenance at its lift stations, water and wastewater treatment plants, and other
facilities including its Belleview office location. The contractor has complied with
all terms and conditions of the contract, and after meeting with Utilities staff and
the contractor, both are requesting a renewal at this time. The contractor has held
pricing for three (3) years on all sites; Utilities has the ability to add new sites and
other services, provided there is mutual acceptance. Attached for review is a copy
of the amendment which renews the agreement and adds some language to clarify
the original scope/intent; pending approval at today's meeting, it will be sent to the
contractor as written, and upon return, and approval by Legal, will be forwarded
for the Clerk and Chairman's signatures.
Budget/Impact: Neutral; the contract's annual value is $131,638.
Recommended Action: Motion to approve recommendation and allow staff to issue
the First Contract Amendment, and upon approval by Legal, authorize the
Chairman to execute same with Picture Perfect Lawn and Landscaping, Inc. under
RFP 14P-020
703. Request Approval of Project Amendment for Construction Manager: 12Q-055-PA­
11, Shepherd's Lighthouse Renovation of Existing OfficelTraining Areas - Stentiford
Construction Services, Inc., Ocala, FL (Budget Impact - Neutral: expenditure of
$337,901.57 as approved in FY 16/17 budget).
The Board accepted the following recommendation as presented by Procurement
Services Director Olsen:
Description/Background: On April 3, 2012 the Board approved contracts with two
(2) Construction Managers (CM), the terms of which allow the County to select a
CM depending on area of expertise, capacity, or availability. Facilities
Management assigned Shepherd's Lighthouse Renovation of Existing
OfficelTraining Areas to Stentiford Construction Services, Inc. The renovations will
address maximum utilization of space and upgrades to outdated wiring and
plumbing for safety and energy efficiency. The work is scheduled to be
substantially complete within 279 days after issuance of the Notice to Proceed with
an additional 15 days for final completion. Attached for review is a draft contract
with the fee breakdown attached as Exhibit A. 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 not to exceed $337,901.57 as approved in FY
16/17 Budget.
Page 128, Book W
February 21,2017
Recommended Action: Motion to approve recommendation and authorize the
Chairman to execute project amendment with Stentiford Construction Services,
Inc. for work under the Shepherd's Lighthouse Renovation of Existing
OfficelTraining Areas as identified on the scope of 12Q-055-PA-11.
704. Request Approval of Bid Award: 17B-062, Sewer Pipe Lining at Marion County Jail
- Engineered Lining Systems, Inc., Jacksonville, FL (Budget Impact - Neutral;. .enditure
of $51,750 as approved in FY 16/17 budget)
The Board accepted the following recommendation as presented by Procurement
Services Director Olsen:
Description/Background: On behalf of Facilities Management, a bid was advertised
for the relining of cast iron sewer pipes of six (6) shower risers at the Marion County
Jail due to deterioration. The lining system repairs the pipe by adding an
epoxy/fiberglass lining that internally converts the cast iron pipe to a PVC type
system, saving the County time and the added expense of digging up the pipe and
replacing it. Procurement received one (1) responsive bid from Engineered Lining
Systems, Inc. for $51,750.00 which is below the estimated budget. Facilities
Management Director, Andy Race, is recommending that the firm be awarded the
contract.
Attached for review is a draft of the contract. Upon 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; expenditure shall not exceed $51,750.
Recommended Action: Motion to approve recommendation and allow staff to issue
contract and upon approval by legal, authorize the Chairman to execute contract
with Engineered Lining System under bid 17B-062.
705. Request Approval of Bid Award: 17B-048, Garbage Compactors and Garbage
Containers - IES Sales and Services, LLC, Opa Locka, FL (Budget Impact - Neutral;
estimated annual expenditure of $217,950 as approved in FY 16/17 budget)
The Board accepted the following recommendation as presented by Procurement
Services Director Olsen:
Description/Background: On behalf of Solid Waste, Procurement advertised a bid
for the purchase of garbage compactor units, garbage compaction containers, and
open top roll-off containers. The compactors and containers are to be utilized at
the recycling centers and serviced by Solid Waste's medium equipment operators.
Four (4) responses were received and the subject bid opening was conducted by
Bryan Matus representing Procurement Services. Solid Waste Director, Mike Sims
requests to contract with the low bidder based on the tabulation below:
Supplier Name
Base Bid
IES Sales and Service, LLC - Ope Locka, FL $137,364
Bakers Waste Equipment, Inc.- Lenoir, NC
$162,048
Iron Container, LLC- Miami, FL
Unresponsive
WastEquip - Statesville, NC
No Bid
The contractor Will be compensated by Unit cost listed In the contract and as
supported by each year's budget. Attached for review is a draft of the contract;
pending approval at today's meeting, it will be forwarded to IES Sales and
Book W, Page 129
February 21, 2017
Services, LLC, and upon return, will be forwarded to Legal, then for the Chairman
and Clerk's signatures.
Budget/Impact: Neutral; annual expenditure is not expected to exceed $217,950.
Recommended Action: Motion to approve recommendation and allow staff to issue
contract, and upon approval by Legal, authorize the Chairman to execute the
contract with IES Sales and Services, LLC for Garbage Compactors and Garbage
Containers under 17B-048.
706. Request Approval of Purchase Over $50,000
The Board accepted the following recommendation as presented by Procurement
Services Director Olsen:
Description/Background: The items listed below have been received by
Procurement Services for approval and payment in conformance with the
Procurement Code/Manual:
Purchase Order #170588/Alan Jay Chevrolet Cadillac, Inc. - Utilities is
requesting approval to purchase four (4) Chevy Silverado 1500 Double Cab, 2WD
to replace existing fleet. The total purchase amount of $87,648 will be split between
accounts 7140-564101 and 7150-564101.
Recommended Action: Motion to approve purchases over $50,000.
Commissioner Stone commented on the exceptional purchase price for the 4 trucks.
Commissioner Moore requested staff provide the surplus per vehicle the county will
receive.
7E. Tourist Development
7E1. Request Approval of Tourist Development Council (TDC) Funding Requests (Budget
Impact - Neutral; Expenditure of $60,350, as approved in the FY 2016/17 Budget)
The Board accepted the following recommendation as presented by Tourist Development
Executive Director Loretta Shaffer, Ocala/Marion County Visitors & Convention Bureau
(VCB):
Description/Background: The Tourist Development Council (TDC) is seeking
approval of the following funding requests to organizations that have festivals,
events or programs which support the TDC's mission to bring visitors to
Ocala/Marion County:
Cal Ripken 12U State (June/July 2017)
$5,000
Cal Ripken T-Ball State (June 2017)
$10,000
Cal Ripken Rookie Qualifier (June 2017)
$15,000
Cal Ripken 10B 12B State (July 2017)
$10,000
Babe Ruth 13U 14U Southeast Regional (July 2017)
$10,000
Southeastern Pro Rodeo (March 2017)
$5,000
Ocala Symphony - Subscription Concert #4 (March 2017)
$600
Ocala Symphony - Subscription Concert #5 (April 2017)
$600
Reilly Arts Center - Sergeant Pepper Concert (June 2017)
$450
Reilly Arts Center - Jim Breuer (March 2017)
$250
Florida Public Service Association (February/March 2017)
$3.450
Total funding requests approved by the TDC on January 19,2017 $60,350
Economic impact calculators and weekly Smith Travel Research (STR) reports
have been attached.
Page 130, Book W
February 21,2017
BudgeUlmpact: Neutral; expenditure of $60,350 as approved in the FY 2016/17
budget.
Recommended Action: Motion to approve the Tourist Development Council
funding requests.
7F. Transportation - County Engineer:
7F1. Request Approval of a Termination and Release of Covenant for Sidewalk
Development Associated with Storage Depot of Ocala (Budget Impact - Neutral)
The Board accepted the following recommendation as presented by County Engineer
Tracy Straub, Office of the County Engineer (OCE):
Description/Background: This is a request to approve a Termination and Release
of Covenant for Sidewalk Development that was originally recorded in OR BK 3680
PG 994 associated with Storage Depot of Ocala, Parcel #35300-027-02 & 03,
located on SR 200. The sidewalk has been constructed by the Florida Department
of Transportation and is located in their right of way. The Development Review
Committee reviewed and recommended approval of this item on January 23,2017.
BudgeUlmpact: None.
Recommended Action: Motion to approve the Termination and Release of
Covenant for Sidewalk Development and authorize the Chair and Clerk to execute
the same.
7F2. Request Approval of a Resolution and Deed from Marion County to the City of Ocala
Conveying Three (3) Parcels of Land that Escheated to Marion County Due to Delinquent
Taxes, Pursuant to Florida Statute 197.592 (3) (Budget Impact - None)
The Board accepted the following recommendation to adopt Resolution 17-R-038, as
presented by County Engineer Straub, OCE:
Description/Background: This is a request to approve a Resolution and Deed from
Marion County to the City of Ocala conveying three (3) parcels of land that
escheated to Marion County due to delinquent taxes. The County has no current
or future statutory prescribed use for these parcels which are located within the
City of Ocala Municipality and the conveyance is in accordance with the mandate
outlined in Florida Statute 197.592 (3) which states that the County shall convey
to the governing board of the municipality in which the land is located any lands
acquired by the County for delinquent taxes which have not been previously sold,
acquired for infill housing or dedicated by the Board of County Commissioners.
Budget Impact: None.
Recommended Action: Motion to approve the Resolution and Deed conveying
three (3) parcels of land that escheated to Marion County due to delinquent taxes
and authorize the Chair and Clerk to execute the same.
7F3. Request Approval of a Grant of General Utility Easement from Marion County to
Peoples Gas System (Budget Impact - None)
The Board accepted the following recommendation as presented by County Engineer
Straub, OCE:
Description/Background: This is a request to approve a Grant of General Utility
Easement from Marion County to Peoples Gas System. The 10' wide easement
will run over and across a portion of Parcel # 29505-002-00, owned by Marion
County and leased to the YMCA. A gas pool boiler is being added by the YMCA
Book W, Page 131
February 21,2017
and the easement is being granted for the purpose of installing the needed gas
line.
Budget Impact: None.
Recommended Action: Motion to approve the Grant of General Utility Easement
and authorize the Chair and Clerk to execute the same.
(Ed. Note: YMCA is the acronym for Young Men's Christian Association.)
7F4. Request Approval of the Release of a Subdivision Improvement Agreement with
Ocala West Retail Investment, LLC for the Ocala West Retail Subdivision. (Budget Impact
- None)
The Board accepted the following recommendation as presented by County Engineer
Straub, OCE:
Description/Background: This is a request to approve the Release of a Subdivision
Improvement Agreement with Bond, executed on or about July 21, 2015 and
recorded on or about January 20, 2016. The improvements were inspected on
January 23, 2017 and a certification of satisfactorily completion letter has been
sent to the Developer. The release will be recorded in the Public Record for proper
satisfaction of the surety bond.
Budget/Impact: None
Recommended Action: Motion to approve the attached Release and to authorize
the Chair and Clerk to execute the same.
8. COUNTY ATTORNEY:
8A. Request Adoption of Initial Assessment Resolutions for Belleview Heights Estates
Unit No. 9 Improvement Area and Lake Weir Heights Second Addition Replat
Improvement Area
County Attorney, Matthew G. Minter, Legal, presented the following recommendation:
Description/Background: Pursuant to the Capital Improvement Ordinance (No. 09­
10), the attached Initial Assessment Resolutions have been prepared for the
following assessment projects:
BELLEVIEW HEIGHTS ESTATES UNIT NO.9 IMPROVEMENT AREA
LAKE WEIR HEIGHTS SECOND ADDITION REPLAT IMPROVEMENT AREA
The adoption of these resolutions is the next step in the road assessment process.
The final public hearings for these projects are scheduled for March 15, 2017 at
2:00 p.m. and 2:30 p.m., respectively.
Budget/Impact: None.
Recommended Action: Motion to adopt the attached Initial Assessment Resolution
and authorize the Chairman and Clerk to execute same.
Mr. Minter commented on the Initial Assessment Resolutions. He stated the estimated
capital cost for the Belleview Heights Estates Unit No. 9 Improvement Area is
$248,200.65 and $269,875.55 for the Lake Weir Heights Second Addition Replat
Improvement Area. Mr. Minter advised that what is being presented today is the first step
in the road assessment process, noting the Board will then schedule a date and time for
consideration of adoption of the final assessment Resolutions for each improvement area
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
adopt Initial Assessment Resolution 17-R-039. The motion was unanimously approved
by the Board (5-0).
Resolution 17-R-039 is entitled:
Page 132, Book W
February 21,2017
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 BELLEVIEW
HEIGHTS ESTATES UNIT NO. 9 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.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
adopt Initial Assessment Resolution 17-R-040. The motion was unanimously approved
by the Board (5-0).
Resolution 17-R-040 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 LAKE WEIR
HEIGHTS 2ND ADDITION REPLAT 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.
Chairman Zalak advised that the final public hearings are scheduled for
Wednesday, March 15, 2017 at 2:00 p.m. and 2:30 p.m.
Commissioner Bryant out at 9:56 a.m.
9. COUNTY ADMINISTRATOR:
9A. Administrative Updates
Mr. Bouyounes advised that the Office of Public Information will present a brief update.
Public Relations & Communications Director Nicholas Zoller, Office of Public Information,
gave a brief overview of public records law for the State of Florida. He presented a quick
reference card relating to public requests and the media.
Commissioner Bryant returned at 9:59 a.m.
Mr. Zoller advised that staff will be going to individual departments to educate employees
on public information requests.
In response to Commissioner Gold, Mr. Zoller stated a labor charge may apply if a
significant amount of research is required.
Book W, Page 133
February 21,2017
G. PUBLIC HEARINGS (Request Proof of Publication) at 10:00 am: Public
participation is encour.eged. 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.
GA. PUBLIC HEARING - To Consider an Agreement Concerning Build-Out of Stonecrest
(fka Floridian Club Estates) Development of Regional Impact (DRI)
Growth Services Director ~ 1v1artsoIf 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.(II), F.S. as the agreement will affect
the DRI, consideration of the agreement must be completed within a public
hearing.
Staff, the developer, and commercial property owner are making final adjustments
to the agreement at this time. Staff requests the Board open this public hearing for
public comment, if any, and then continue the public hearing to March 7, 2017 at
10:00 a.m. for final conclusion at that time.
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, March 7, 2017, at 10:00 a.m.
Deputy Clerk Lewter presented Proof of Publication No. A000904758 entitled, "Notice of
Public Hearing" published in the Star Banner newspaper on February 6,2017. The Notice
states the Board will conduct a public hearing to consider an Agreement Concerning
Build-Out of Stonecrest DRI.
Chris Rison, Growth Services, advised that there is an issue among the property owners,
which the county is trying to assist with mediation negotiations regarding a traffic signal.
He requested a continuance of the public hearing to March 7, 2017.
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, March 7, 2017, at 10:00 a.m. The motion was unanimously approved by
the Board (5-0).
UPDATE: Mr. Bouyounes advised that he would like to move Item 13A1 forward at this
time.
13A1. Present Notification of the Appointment of Silas Daniel as the Marion County Public
Safety Communications Director.
Mr. Bouyounes introduced Silas Daniels, noting he was selected as the Marion County
Public Safety Communications Director.
Mr. Daniels stated he is excited and honored to be here and bring Marion County Public
Safety Communications into the future. He provided a brief history of his past work
experience.
Mr. Bouyounes expressed his appreciation to Assistant County Administrator (ACA)
Jeanie Rickman and Chief Craig Damien for all their hard work and dedication moving
the department forward.
Page 134, Book W
February 21,2017
98. Request the Appointment of Silas Daniel, Director of Marion County Public Safety
Communications as the Marion County 911 Coordinator as Required by Florida
Administrative Code 60FF-6.004 Florida Emergency Communications Number E911
State Plan Administration Rule
Assistant County Administrator (ACA) Jeannie Rickman, Administration, presented the
following recommendation:
Description/Background: The 911 Coordinator is responsible for coordinating the
E911 program within their county, and serves as a single point of contact with the
State for all E911 related issues. As required by Florida Administrative Code 60FF­
6.004 Florida Emergency Communications Number E911 State Plan
Administration Rule, the county commission is required to designate an individual
as its county 911 coordinator.
Having selected Silas Daniel to serve as the Director of Marion County Public
Safety Communications, it is staff's recommendation to also appoint Mr. Daniel as
911 coordinator for Marion County. Pending approval, notification of the
appointment by the Board shall be submitted to the statewide 911 coordinator.
Budget/Impact: None.
Recommended Action: Motion to Appoint Silas Daniel, Director of Marion County
Public Safety Communications as the Marion County 911 Coordinator as required
by Florida Administrative Code 60FF-6.004 Florida Emergency Communications
Number E911 State Plan Administration Rule.
A motion was made by Commissioner Bryant, seconded by Commissioner Stone, to
appoint Silas Daniel as the Marion County 911 Coordinator. The motion was unanimously
approved by the Board (5-0).
9C. Request Approval to Replace Six Source2 Positions with Permanent Positions and
Add Five New Positions to the Building Safety Department
County Administrator Bouyounes, Administration,
presented the following
recommendation:
Description/Background: Building Department has experienced a steady increase
of workloads through all divisions.
Additional staffing needs for the Permitting division have been supplemented
through Source2. Due to the amount of detailed knowledge necessary to perform
successfully in those positions and an attrition rate of 360% for Source2 personnel,
it will be advantageous to add permanent positions to department staffing. We
request that the three Source2 positions serving as Building Customer Service
Representatives and the two Staff Assistant IV currently serving customers in the
Permitting division be added as four permanent Building Customer Service
Representatives and one Contract Licensing Representative.
The Plans Examination division requires an additional three certified personnel to
handle the increased volume of plans and compensate for loss of multi-trade
examiners. The department's 2014 5-Year Strategic Plan projected that single
certified plans examiners may have to replace multi-certified personnel due to
retirement and attrition. We request the addition of three full time Plans Examiner
positions.
Due to the dramatically increased volume of inspections, the Inspections division
requires an additional three inspectors. One of those positions is currently being
filled by a Source2 employee. The 2014 Strategic Plan also projected that single
Book W, Page 135
February 21,2017
certified inspectors may be needed to replace multi-certified Inspectors. We
request that the one Source2 position serving as Building Inspector be added as
a permanent position and two additional Building Inspector positions be added to
the Building department budget to meet this need.
Budget/Impact: Expenditure of $291,510.01. The fiscal impact of these additional
positions will be taken from current department reserves for the remainder of this
fiscal year with a budget amendment forthcoming at a future meeting to align funds
into appropriate accounts.
Recommended Action: Motion to approve the requested additional positions in the
Building Safety Department and adopt the attached resolution.
Mr. Bouyounes advised that staff is requesting 6 Source2 positions be changed to
permanent county employees, as well as adding 5 additional positions in the Building
Department. He stated there is a backlog of plans requiring review and at this time the
county is using private companies to assist with the workload.
Chairman Zalak commented on the length of time it currently takes to process and
approve permits. He stated the Building Department is an Enterprise Fund and the
reoccurring expenses are available in the budget.
Mr. Bouyounes stated staff will complete a comprehensive review and bring back to the
Board all the changes that were made. He advised that staff is planning a Town Hall
meeting to take place in Commission Chambers the 2nd week in March. Local contractors
and engineers will be invited to discuss priorities and how the department will move
forward.
A motion was made by Commissioner Stone, seconded by Commissioner Moore, to
approve the additional positions in the Building Safety Department and adopt Resolution
17-R-041. The motion was unanimously approved by the Board (5-0).
Resolution 17-R-041 is entitled:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MARION COUNTY, FLORIDA, ADDING FOUR (4) BUILDING CUSTOMER
SERVICE REPRESENTATIVE POSITIONS PAY GRADE 7; ADDING
THREE (3) BUILDING INSPECTOR POSITIONS PAY GRADE 17;
ADDING THREE (3) PLANS EXAMINER POSITIONS PAY GRADE 15;
AND ADDING ONE (1) CONTRACTOR LICENSING REPRESENTATIVE
PAY GRADE 7, IN BUDGET #3415, AND INCORPORATING THE
FOREGOING ACTIONS INTO THE MARION COUNTY CLASSIFICATION
PLAN.
10. COMMITTEE ITEMS: None
11A. Request to Schedule a Workshop to Discuss Possible Moratorium on Small Cell
and Micro Tower Placement in County Right of Way on Tuesday, March 7, 2017 at 2:00
p.m.
The Board considered the following recommendation from Growth Services Director
Martsolf:
Description/Background: We have learned new things regarding the Small Cell and
Micro Tower industry in Florida and wish to discuss a possible moratorium to
address location, aesthetics and different models the industry is proposing. This
item is proposing this date for a Board of County Commissioners Workshop.
Budget/Impact: None.
Page 136, Book W
February 21,2017
Recommended Action: Motion to schedule the workshop date for the Commission
on Tuesday, March 7, 2017 at 2:00 pm.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
schedule a workshop on Tuesday, March 7, 2017 at 2:00 p.m. to discuss a possible
moratorium on small cell and micro tower placement in county rights-of-way (ROW). The
motion was unanimously approved by the Board (5-0).
11B. Request to Schedule a Workshop for Discussion of the Development of an
Ordinance Setting Out Standards for the Placement of a Medical Marijuana Dispensary
in Marion County on Tuesday, March 7, 2017 at 2:00 p.m. or Immediately Following the
Previously Scheduled Workshop
The Board considered the following recommendation from Growth Services Director
Martsolf:
Description/Background: On Tuesday, February 7,2017 a Workshop was held by
the Board on the regulations regarding cultivation and dispensing of Medical
Marijuana. On November 15, 2016, the Board adopted a 180 day moratorium on
locating a Medical Marijuana Dispensary in Marion County. This item is proposing
this date for a Board of County Commissioners follow-up Workshop to discuss
changes directed at the prior Workshop to accommodate the safe and appropriate
placement of Medical Marijuana Dispensary in the County.
BudgeUlmpact: None.
Recommended Action: Motion to schedule the workshop date for the Commission
on March 7, 2017 at 2:00 p.m. or immediately following the previously scheduled
workshop.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
schedule a workshop on Tuesday, March 7, 2017 at 2:00 p.m., or immediately following
the previously scheduled workshop, to discuss development of an Ordinance setting out
standards for the placement of a medical marijuana dispensary in Marion County. The
motion was unanimously approved by the Board (5-0).
11C. Request Approval of Letter of Support for the Legislative Requests of The Centers,
Inc.
The Board considered the following recommendation from County Administrator
Bouyounes:
Description/Background: The Board is requested to send the attached letter of
support to the county's legislative delegation in support of the request by The
Centers, Inc. Attached as supporting documentation is a flyer from The Centers,
Inc. regarding the current critical need to address behavioral health services
funding in Circuit 5, which includes Marion County.
Staff has requested Tim Cowart, CEO of The Centers, Inc. to address the Board
regarding this critical need.
BudgeUlmpact: None.
Recommended Action: Motion to approve letter of support to the county's
legislative delegation in support of the request by The Centers, Inc. and authorize
the chairman to execute the same.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
approve and execute the Letter of Support to the county's legislative delegation as
Book W, Page 137
February 21,2017
requested by The Centers, Inc. The motion was unanimously approved by the Board (5­
0).
12. COMMISSIONER ITEMS:
12A. Commission Comments
Commissioner Gold advised that he has nothing further to add today.
Commissioner Bryant commented on continued discussions throughout the state relating
to Marion County's legislative priorities. She expressed her appreciation to staff for all
their hard work, noting as the economy recovers it is important to support the Building
Department so staff can provide the level of customer service the community deserves.
Commissioner Stone stated over the last several weeks she has attended water school
to become more familiar with water issues. She advised that the Marion County
Continuum of Care Board held its first meeting and the coming together with by-laws and
volunteers to combat homelessness in Marion County.
Commissioner Stone commented on the wonderful work done by the Florida Institute for
Human and Machine Cognition (IHMC). She advised that an open house took place
recently that allowed the public to view items developed in the facility.
Commissioner Moore expressed his appreciation to first responders, military and staff for
their dedication and hard work. He addressed the need to update the Interlocal
Agreement (ILA) with all 5 municipalities relating to animal services and the animal abuse
registry.
Chairman Zalak questioned if all 5 separate Interlocal Agreements are required. Mr.
Minter stated he will research the available options and bring them back to the Board.
Chairman Zalak directed Commissioner Moore to draft a letter advising municipalities of
the need for an updated ILA.
Mr. Bouyounes advised that individual ILAs are currently in place to provide animal control
services to each of the 5 municipalities, noting language will be required to enforce the
Ordinance inside the municipality. Chairman Zalak directed staff to bring back language
recommendations to the Board.
Chairman Zalak stated Commissioners testified before the Senate Committee in regards
to placing a veteran's home in Marion County. He welcomed Horse Shows in the Sun
(HITS) and commented on the economic impact upcoming events will have on the
community.
Commissioner Bryant advised that the Southeastern Youth Fair kicked off on February
20,2017 and will go through February 25,2017. She encouraged everyone to take part
in the fair. Commissioner Moore urged all Commissioners to volunteer to judge food
competitions in the future, noting the food is phenomenal.
Chairman Zalak addressed the litter issue in Marion County, noting the Ocala/Marion
Chamber and Economic Partnership (CEP) is working to get more businesses and
community organizations involved in the Adopt-A-Road program. He advised that staff is
working with the jail to address any Workers' Compensation issues associated with using
inmates to assist with litter removal.
Page 138, Book W
February 21,2017
Chairman Zalak advised that Silver Springs requires some revitalization and will remain
a top priority. Staff will continue to work with the Department of Environmental Protection
(DEP) to improve the quality of Silver Springs. He stated the TDC is conducting the civic
center report. An analysis will take place to determine what type of civic center is needed
in Marion County.
Chairman Zalak stated focusing on the 1-75 Commerce Park and lining up the next item
before 489 is completed demonstrates to companies that Marion County is committed to
economic development. He commented on the importance of transparency relating to the
sales tax revenue and how it is being spent.
128. Commission Calendar
The Chairman acknowledged receipt of the Commission calendar covering the period of
February 21, 2017 through March 7, 2017.
12C. Additional Public Comment: All members of the public wishing to speak during the
"Additional Public Comment" portion of the agenda will be limited to two (2) minutes to
make their request or presentation. If the request or matter requires investigation by
County staff, the Chair will refer to staff for follow-up with the person making the request.
Roger Knechtel, SE 97th Terrace Road, Summerfield, addressed the Board in regard to
the length of time it takes to process a permit request and the effects it has on future
development. He also commented on the importance of a healthy weight.
Commissioner Gold advised that the future depends on maintaining competitive
employee wages, noting new development plays a key role in allowing the millage rate to
remain flat.
Commissioner Zalak directed staff to update the 2008 zoning study and schedule a
workshop for Board discussion.
13. NOTATION FOR RECORD:
13A. County Administrator Informational Items:
13A1. Present Notification of the Appointment of Silas Daniel as the Marion County Public
Safety Communications Director
13A2. Present Letter Dated February 7, 2017 to Florida Department of Economic
Opportunity from Jeannie Rickman, Assistant County Administrator of Public Services
Regarding AutoZone's Request to Utilize the One Year Extension Option on the QTI
Agreement
13A3. Present Letter Dated February 9, 2017 from Keeton Corrections, Inc. Regarding
Residential Reentry Center Services for Federal Offenders Releasing to the Ocala/Marion
County Area by the Federal Bureau of Prisons
13A4. Present Ocala/Marion Chamber and Economic Partnership (CEP) Activity Report
for January and Performance Matrix YTD 2017
13A5. Present DRC Waiver Request LDC 2.16.1. B(10) - Family Division for the Benny
Stroupe Property Parcel #09648-001-00 & -02, Application #19816
13A6. Present DRC Waiver Request LDC 2.16.1.B(1 0) - Family Division for the Wanda
Olsheske Property Parcel #49550-000-00, Application #19870
138. Present Walk-On Items From Previous BCC Meeting:
Book W, Page 139
February 21,2017
1381. WALK-ON: February 7, 2017 - Request Approval to Reschedule the SW 49th
Avenue, South Phase Preliminary Engineering Project and Public Meeting Materials
Workshop on Thursday, February 23, 2017 from 10:00 a.m. to 1:30 p.m. - Approved
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 Circuit Court And
Comptroller, Regarding The Filing Of Ordinances 17-01 (Capital Improvements Element);
17-02 (Comprehensive Plan); And 17-03 (Zoning) With The Secretary Of State's Office
1304. Present Lands Available For Taxes Which The County May Purchase (Within 90
Days From 01/25/17) For the Opening Bid Amounts, Pursuant To Chapter 197.502(7),
Florida Statutes
1305. Present Report of Activity in the Alcohol and Other Drug Abuse Trust Fund for the
Period Ending December 31,2016
1306. Present the Acquisition or Disposition of Property Forms Authorizing Changes in
Status, as Follows: 30871, 31296,36094, 37393, 39463, 39467,43359,44421,45966,
45968
13E. Present for information and record, minutes and notices received from the following
committees and agencies:
13E1. Southwest Florida Water Management District (SWFWMD) - For Minutes and
Agendas, Visit the Website at http://www.WaterMatters.org
13E2. St. Johns River Water Management District (SJRWMD) - For Minutes and
Agendas, Visit the Website at http://www.floridaswater.com
13E3. Transportation Planning Organization (TPO) - For Minutes and Agendas, Visit the
Website at http://www.ocalafl.org/tpo
13E4. With lacoochee Regional Water Supply Authority (WRWSA) - For Minutes and
Agendas, Visit the Website at http://www.wrwsa.org
13E5. Board of Adjustment (BOA) - January 9,2017
13E6. City of Belleview - Annexation Ordinance No. 2017-01
13E7. Development Review Committee (DRC) - January 9,23 and 30, 2017
13E8. Dog Classification Board - October 3,2016
13E9. Land Development Regulation Commission (LDRC) - April 27 and May 11, 2016;
and January 18, 2017
13E10. License Review Board (LRB) - December 13, 2016
13E11. Marion County Fire Rescue and EMS Advisory Board - October 25,2016
13E12. Marion County Hospital District Board of Trustees (MCHD) - December 19, 2016
13E13. Marion Oaks MSTU for General Services Advisory Council- December 21,2016
13E14. Marion Oaks MSTU for Recreation Services and Facilities Advisory Council ­
December 13, 2016
13E15. Parks & Recreation Advisory Council (PRAC) - October 15, 2014; February 18,
April 15, May 20, June 20, August 19, September 16, October 21, and November 18,
2015; January 20, March 16, May 18, July 20, September 21 and November 18, 2016
Page 140, Book W
February 21,2017
13E16. Planning & Zoning Commission (P&Z) - December 28,2016
13E17. Rainbow Lakes Estates (RLE) Advisory Committee - December 15,2016
13F. Present Final Modified Standard Lease & Cartetaker Agreements as
Approved by the County Attorney's Office
~viewed
and
There was a recess at 10:32 a.m.
The meeting reconvened at 2:07 p.m. with all members present, except Commissioner
Bryant.
Also present were: Growth Services Director Sam Martsolf, Senior Planners Chris Rison,
Ken Weyrauch and Kimberleigh (Kim) Dinkins, Planner II Roxann Read, Strategic
Resources Project Manager Kevin Smith, Administrative Staff Assistant Stephanie
Soucey, Staff Assistant IV Darlene Pocock, County Attorney Matthew G. Minter, County
Administrator Mounir Bouyounes and Utilities Director Angel Roussel.
The meeting opened with the Pledge of Allegiance to the Flag of our Country.
Walk-On: Chairman Zalak advised that he has an appointment to the Parks and
Recreation Advisory Council (PRAC) that he would like to address prior to Zoning. He
stated his appointee is Duke Roundtree and asked for a motion and second to appoint
Mr. Roundtree.
A motion was made by Commissioner Moore, seconded by Commissioner Gold, to
approve Chairman Zalak's appointee, Duke Roundtree, as a member of PRAC. The
motion was unanimously approved by the Board (4-0).
14. PLANNING & ZONING AND ORe WAIVER REQUESTS (AT 2:00PM):
Deputy Clerk Bonvissuto advised that there are 3 Proofs of Publication to be presented
for this afternoons meeting.
The first Proof of Publication is a display ad entitled, "Notice of Change of Land Use,
Marion County Comprehensive Plan", published in the Star Banner newspaper on
January 27, 2017. The Notice states the Board will consider adopting an Ordinance
relating to a Large Scale Comprehensive Plan Amendment (CPA) 16-L08 (Item 14B1) to
the Future Land Use Map (FLUM) Series of the Marion County Comprehensive Plan.
The second Proof of Publication is No. A000903632 entitled, "Notice of Public Hearing to
Close and Abandon Road(s)" published in the Star Banner newspaper on January 18,
2017. The Notice states the Board will consider adoption of a Resolution closing and
abandoning a portion of SE 59th Avenue located in Silver Springs Estates (Item 14B2).
The last Proof of Publication is No. A000905048 entitled, "Notice of Intention to Consider
Adoption of an Ordinance" published in the Star Banner newspaper on February 7,2017.
The Notice states the Board will consider adopting an Ordinance approving land use
change (17-S02 - Item 14A2, Small Scale FLUM Amendment), rezoning and Special Use
Permit petitions.
Chairman Zalak noted the zoning process is a little different for the BCC, as they are in a
quasi-judicial standing from a legislative standing, which is different from this morning's
portion. He advised that Mr. Minter will outline the rules for this afternoon's zoning hearing
at this time.
Commissioner Bryant arrived at 2:10 p.m.
Book W, Page 141
February 21,2017
Mr. Minter stated for those interested in the Consent Agenda it will be read by the Growth
Services Director and if there are no challenges or objections from anyone in the audience
then the Board will make a motion to approve all items on the Consent Agenda in a
combined motion. If anyone has an item that relates to something on the Consent Agenda
and the Board passes the combined motion then they are done and do not need to stay
after the motion is approved. Once Agenda Items have been read and an individual has
either a question or objection to an item on the Consent Agenda they need only to raise
their hand and the item will be pulled for individual consideration. As to the other matters,
if the issue before the Board is a rezoning or a Special Use Permit, which are considered
to be quasi-judicial proceedings; meaning the Board has to make a decision based on
what the courts call competent substantial evidence. Competent substantial evidence is
something more than someone in the audience or the public's opinion. If one is here to
object to any proposed item (rezoning or Special Use Permit), they will need to come to
the microphone when the item is called and specifically state what factual basis they have
for their objection. It is not enough to come to the podium and say you are not in favor of
this, or my community took a poll and we are not in favor of this. These matters are not
decided based on majority vote of the public, but rather based on the evidence presented.
For example, if you feel like the proposal will create too much traffic on your street, is a
matter of fact. If one feels like the proposal is going to generate noise, vibrations, or
fumes, is also a matter of fact. For someone to come up and just say they do not like a
proposal does not give the BCC any factual basis to make a decision. If you are in favor
of the proposal, then you need to tell the Board the specific reasons as to why you are in
favor will also be beneficial.
14A. Planning and Zoning Consent Items:
It was noted that the Planninq & Zoninq (P&Z) Commission recommendation is as follows:
ITEM
OWNER
FROM-TO
ACREAGE
NUMBER
Renewal of Special Use
1 170201SU Jon Delucia
4.5
Permit in A-1
17-S02
William M. Gladson
Public to Commercial
0.87
2
A-1 to B-2
0.87
170202Z William M. Gladson
3
Renewal of Special Use
7.21
4 170203SU Shelley Packer
permit in A-3
M-1 to B-5
2.04
170204Z John Dewese
5
2.04
Special Use Permit in B-5
6 170205SU John Dewese
Special Use Permit in R-3
0.34
7 170207SU Hanimi R. Challa
PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was
made by Mr. lord, and seconded by Mr. Colen, to agree with staff's findings and
recommendation, and recommend approval of the following Consent Agenda
items (170201SU, 17-S02, 170202Z, 170203SU, 170204Z, 170205SU and
170207SU) based on the following findings of fact:
1.
Will not adversely affect the public interest.
2.
Are consistent with the Marion County Comprehensive Plan.
3.
Are compatible with the surrounding land uses.
The motion passed 7 to O.
Growth Services Director Sam Martsolf advised that the first six (6) petitions with
accompanying sub-items listed on the consent agenda are recommended for approval by
Page 142, Book W
February 21,2017
both the Planning Division and the P&Z Commission. He read Items 1 through 6 into the
record and advised that Attorney Steven Gray emailed him earlier this afternoon in regard
to opposition to Dewese. Mr. Martsolf noted that Mr. Gray is not present and asked if
anyone present wishes to address any of the Consent Agenda Items. He stated the
t d on In
i one mo f ion, as f 0 IIows:
consen t aqen d a Iltems WI'II be ace
ITEM
ACREAGE
FROM-TO
OWNER
NUMBER
Renewal of Special Use
4.5
1 170201SU Jon Delucia
Permit in A-1
2
0.87
17-S02
William M. Gladson
Public to Commercial
2a 170202Z William M. Gladson
A-1 to B-2
0.87
Renewal of Special Use
7.21
3 170203SU Shelley Packer
permit in A-3
2.04
170204Z John Dewese
4
M-1 to B-5
2.04
4a 170205SU John Dewese
Special Use Permit in B-5
Special Use Permit in R-3
0.34
5 170207SU Hanimi R. Challa
Thanos, Anthony & William
B-2 to B-5 and A-1 to B-4
11.3
6
170208Z
Patsicostas
Special Use Permit in B-4
Thanos, Anthony & William
11.3
6a 170209SU
Patsicostas
and B-5
There being none, Chairman Zalak advised that public comment is now closed.
Chairman Zalak referred to Item 14A6 and asked if the property next to it and all the way
back is the same linear line. Mr. Martsolf stated it is, noting there is a giant lime pit (old
relic lime pit) that covers that entire area that is treed back there. Chairman Zalak inquired
if Optimum RV (Recreational Vehicles) is zoned B-5 (Heavy Business), where the skate
park was located. Mr. Martsolf stated the front portion is zoned B-5 and the back portion
is zoned B-4 (Regional Business).
Commissioner Bryant opined that the front portion of this property already has B-5
because there was a car lot there. Mr. Martsolf noted it is not very deep and not as deep
as the applicants would like it to be. Staff is recommending approval all the way back to
the point where the pit drops off.
Chairman Zalak questioned whether the pit would remain A-1 (General Agriculture). Mr.
Martsolf stated it is zoned B-4, which is not a real intense commercial. Commissioner
Bryant noted the adjacent property, Dixie Highway Farms parcel, is zoned B-5 and goes
all the way back to this, bringing this line flush with that parcel. Mr. Martsolf concurred.
Chairman Zalak asked if there is a special request for which the B-5 is needed.
Raul Carreras, SW 3 rd Street, attorney with the firm of Bond, Arnett, Phelan, Smith &
Carreras, P.A., representing the applicants, was present and stated the request is for the
8-5 to go with the same line, separating B-5 and B-4 is the same as both the current
parcel owned by Optimum RV and the subject parcel, which they are seeking to be
changed. Chairman Zalak questioned the need for B-5 zoning. Mr. Carreras stated the B­
5 is for display of RV's; the main source of business for the occupant and applicants. In
response to Chairman Zalak, Mr. Carreras stated they will be doing the same thing as
their next door neighbor, noting the parcels will be joined together. He clarified that the
applicants are purchasing this property.
Commissioner Bryant advised that she knows the Patsicostas family and opined that they
will probably move to join all the properties together at one time since Mr. Patsicostas,
Sr. passed away last year.
_.,
~r
Book W, Page 143
February 21,2017
Chairman Zalak voiced his concern with changing to B-5 and suggested it be changed to
B-4, with a Special Use Permit. Commissioner Bryant noted the adjoining property is
already zoned B-5. Chairman Zalak opined that did not mean anything, noting he could
put his garbage company in B-5. Commissioner Bryant advised that it is a commercial
node located on Highway 441. Chairman Zalak stated the county should be careful with
allowing outside storage, regardless of the node.
Chairman Zalak inquired if the Board can make the zoning change contingent upon the
sale going through. Mr. Carreras advised that his client's closing is contingent upon the
Boards approval of the zoning change. Mr. Martsolf stated RV sales can occur in B-4
zoning classifications. Chairman Zalak concurred and stated B-5 is not needed for RV
sales. Mr. Carreras stated if the lot next door is under the same ownership now and can
be used for RV sales why should the applicants not be granted what they already have
on the other lot so that there is no question as to any difference in enforcement or anything
like that. In response to Mr. Carreras, Chairman Zalak stated a Special Use Permit would
not be needed in a B-4 zoning classification for RV sales. Mr. Martsolf concurred.
Chairman Zalak noted the applicants do not have joint ownership at this time. Mr.
Carreras stated that is correct, but will have joint ownership in 30 days. Chairman Zalak
inquired if the zoning can revert back if the property is not closed. Mr. Minter inquired if
the zoning requested is consistent with the Comprehensive Plan. Mr. Martsolf concurred.
Commissioner Bryant noted it is also consistent with the neighboring parcel.
Mr. Minter advised that generally speaking, the whole issue of zoning and land use relates
to the appropriateness of the use for that particular area or location and is really not
contingent upon who owns the property. If it is an appropriate use for that site then it
should not matter who owns the property, as it is consistent with the Comprehensive Plan.
Chairman Zalak disagreed, noting under B-5 the use there today would be fine, but if
there was a different use on that property today, the Board may not be willing to grant the
next piece B-5. He noted B-5 zoning is really broad and is not needed to do what they are
doing on the B-5 piece of property today. Commissioner Bryant stated they already have
an existing B-5 on a portion of the property and they are only asking to take the B-2 piece
to B-5 and the A-1 to B-4. She noted it is a very small strip they are asking for the zoning
change. Chairman Zalak opined that the zoning be changed to B-4, as a B-5 is not needed
for RV sales.
A motion was made by Commissioner Gold, seconded by Commissioner Moore, to
approve Consent Agenda Item 14A6 and 14A6a (as noted below), 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 approved by the Board by a vote of 4-1, with Chairman Zalak voting nay.
14A6. 170208Z - Thanos, Anthony and William Patsicostas, B-2 to B-5 and A-1 to B-4,
11.3 Acres
The Board granted a petition by Thanos N. Patsicostas, 2218 Dogwood Circle, Mt. Dora,
FL, Anthony Patsicostas, 93 Spring Street #22, Watertown, MA and William N.
Patsicostas, et al TR (owners/applicants), 3768 SW 60th Street, Ocala, FL, for a Zoning
Change, Articles 2 and 4, of the Marion County Land Development Code, from B-2 to B­
5 and A-1 to B-4 on approximately 11.3 acres of Parcel Account No. 36547-000-00.
Page 144, Book W
February 21,2017
14A6a. 170209SU - Thanos, Anthony and William Patsicostas, Special Use Permit
in 8-4 and 8-5, 11.3 Acres
The Board adopted Resolution 17-R-042 granting a petition by Thanos N. Patsicostas,
2218 Dogwood Circle, Mt. Dora, Fl, Anthony Patsicostas, 93 Spring Street #22,
Watertown, MA and William N. Patsicostas, et al TR (owners/applicants), 3768 SW 60 th
Street, Ocala, Fl, for a Special Use Permit, Articles 2 and 4, of the Marion County land
Development Code, for a security residence, on approximately 11.3 acres, in B-4 and B­
5 zones, on Parcel Account NO.36547-000-00. Resolution 17-R-042 contains the
following Conditions:
1.
The existing residential structures located on the site (2916 & 2920 SE 73 rd
Street) may each be used as a security residence.
2.
Upon demolition and/or conversion of one of the residences to commercial
uses (e.g., Change of Use/Occupancy), the remaining residence may
continue to be used as a security residence.
3.
In the event development of the site discontinues use of each existing
residence as a security residence (e.g., demolition, or conversion to
commercial use), one new residential unit may be established as a security
residence in the western B-4 zoned portion of the site located east and/or
north of the historic limerock mine.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
approve the remaining Consent Agenda Items 14A1 through 14A5 and 14A7, 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:
14A1. 170201SU - Jon Delucia, Renewal of Special Use Permit in A-1, 4.5 Acres
The Board adopted Resolution 17-R-043 granting a petition by Jon de lucia
(owner/applicant), 4290 NE 64 th Avenue Road, Silver Springs, Fl, for renewal of a Special
Use Permit 131204SU, Articles 2 and 4, of the Marion County land Development Code,
for a cat sanctuary with a maximum of 25 cats in A-1 zone on approximately 4.5 acres of
Parcel Account No. 16131-001-02. Resolution 17-R-043 contains the following
Conditions:
1.
The site shall be developed and operated consistent with the submitted
conceptual plan and the conditions as provided with this approval.
The cat sanctuary shall be limited to a maximum of 25 adult, domestic cats.
2.
3.
All cats brought to the cat sanctuary shall be spayed or neutered to prevent
a large population growth of cats on the property.
4.
Animal waste shall be removed from the property on a weekly basis.
5.
This Special Use Permit shall run with the applicant (Jon de lucia) and not
with the property.
6.
The Special Use Permit shall terminate upon any division or subdivision of
the subject property.
7.
The Special Use Permit shall expire on February 21,2020; however it may
be renewed administratively for up to 3 years by a written instrument signed
and issued by the Zoning Manager (or position equivalent to the Zoning
Manager at that time), unless:
Book W, Page 145
February 21,2017
a.
b.
c.
There have been unresolved violations of the County Land
Development Code, the County Code of Ordinances, and/or
the conditions of the Permit,
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
The Zoning Manager determines that renewal should be
considered directly by the Board of County Commissioners
through the Special Use Permit review process (or review
process equivalent at that time).
14A2. 17-S02 - William M. Gladson, Public to Commercial, .87 Acres
The Board approved Small Scale Comprehensive Plan Amendment No. 17-S02 by
William M. Gladson (owner) / Paolo Mastroserio (applicant), 7101 SE Highway 42,
Summerfield, FL, for a land use change, Articles 1, 2 and 3 of the Marion County Land
Development Code, from Public to Commercial, on approximately 0.87acres of Parcel
Account No. 47667-002-00.
14A2a. 170202Z - William M. Gladson, A-1 to B-2, .87 Acres
The Board granted a petition by William M. Gladson (owner) / Paolo Mastroserio
(applicant), 7101 SE Highway 42, Summerfield, FL, for a Zoning Change, Articles 2 and
4, of the Marion County Land Development Code, from A-1 to B-2 on approximately 0.87
acres of Parcel Account No. 47667-002-00.
14A3. 170203SU - Shelley Packer, Renewal of Special Use Permit in A-3, 7.21 Acres
The Board adopted Resolution 17-R-044 granting a petition by William & Shelley Packer
(owners) / Richard Stout (applicant), 7346 NE 25 th Avenue Road, Ocala, FL, for a
Renewal of Special Use Permit 131206SU, Articles 2 and 4, of the Marion County Land
Development Code, for a private helicopter landing pad in A-3 zone on approximately
7.21 acres of Parcel Account No. 14864-000-23. Resolution 17-R-044 contains the
following Conditions:
1.
The site shall be developed and operated consistent with the submitted
conceptual plan and the conditions as provided with this approval.
2.
This Special Use Permit shall only be permitted for a Eurocopter Colibri
EC120B helicopter or equivalent or less in size and noise production. Any
change in the model or type of helicopter that increases the size or produces
more noise shall require a new Special Use Permit.
3.
The flight path to the property shall be from the east as outlined in the
submitted conceptual plan.
4.
Use of the helicopter shall be limited to daylight hours only unless the
helicopter is needed to aid in an emergency situation during nighttime
hours.
5.
The Special Use Permit shall terminate upon any division or subdivision of
the subject property.
6.
The Special Use Permit shall expire on February 21,2027. The applicant
may submit a new Special Use Permit application for consideration to renew
and extend this permit in the future.
Page 146, Book W
February 21,2017
14A4. 170204Z - John Dewese, M-1 to B-5, 2.04 Acres
The Board granted a petition by John Dewese (owner) / Richard Roundtree (applicant),
17340 NE 16th Terrace, Citra, FL, for a Zoning Change, Articles 2 and 4, of the Marion
County Land Development Code, from M-1 to B-5, on approximately 2.04 acres, on a
portion of Parcel Account No. 21383-001-00.
14A4a. 170205SU - John Dewese, Special Use Permit in 8-5,2.04 Acres
The Board adopted Resolution 17-R-045 granting a petition by John Dewese (owner) /
Richard Roundtree (applicant), 17340 NE 16th Terrace, Citra, FL, for a Special Use
Permit, Articles 2 and 4, of the Marion County Land Development Code, for a single family
residence in a B-5 zone on approximately 2.04 acres on a portion of Parcel Account No.
21383-001-00. Resolution 17-R-045 contains the following Conditions:
1.
The site shall be developed and operated consistent with the submitted
conceptual plan and the conditions provided with this approval.
2.
Access to the site shall be via NW 35th Street.
3.
The Special Use Permit is limited to the 2.04-acre site as depicted on the
conceptual plan.
14A5. 170207SU - Hanimi R. Challa, Special Use Permit in R-3, .34 Acres
The Board adopted Resolution 17-R-046 granting a petition by Hanimi R. Challa (owner)
/ Craig Hedgecock (applicant), 134 NW 88th Terrace, Gainesville, FL, for a Special Use
Permit, Articles 2 and 4, of the Marion County Land Development Code, to convert an
existing residence into a "satellite" doctor's office that will be limited in use to three (3)
days per week from 8:00 am to 5:00 pm, in an R-3 zone on approximately 0.34 acres of
Parcel Account No.4983-000-012. Resolution 17-R-046 contains the following
Conditions:
.
1.
The site shall be developed and operated consistent with the submitted
conceptual plan and the conditions as provided with this approval.
2.
The medical office facility shall maintain the existing single-family residential
facade/cha racter.
3.
Use as a medical office shall be limited to three days per week.
4.
The hours of operation shall be limited to 8:00 AM to 5:00 PM.
5.
The medical office is limited to the existing structure as depicted on the
concept plan. Expansion of the structure beyond the limits identified above
is prohibited; however the owner/applicant may submit a new Special Use
Permit Application for review and consideration for an expansion.
6.
The driveway on SE Hwy 42 shall be upgraded to meet the standards of the
Marion County Land Development Code.
7.
An evaluation of wastewater requirements to support proposed medical
office use shall be obtained.
8.
The sign shall comply with the Marion County Land Development Code.
9.
This Special Use Permit runs with the owner, Hanimi R. Challa, and not the
property.
10. The Special Use Permit shall expire on February 21, 2022. The applicant
may submit a Special Use Permit application for consideration to renew and
extend the authorization in the future.
148. Individual DRC Waiver Requests for Consideration:
BookW, Page 147
February 21, 2017
1481. Request to Uphold DRC's Denial Regarding Waiver Request LDC 6.14.2.B(1)(a)­
Water Connection for New Single Family Residential for the William Baxley Property
Parcel #49829-009-00, Project #2017010029, Application #19854
The Board considered the following recommendation from Growth Services Director
Martsolf, on behalf of the Development Review Committee (DRC):
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. The applicant's statement of justification for the
requested waiver is as follows:
The applicant requests waiver because the main reason to not hook up to Marion
County Utilities is the cost that it will be out of pocket. It is far too expensive to hook
up to the Marion County Utilities water main as demonstrated by the provided cost
estimate.
DRC action on January 23,2017, by a vote of 5-0, was to deny the request.
Budget/Impact: None.
Recommended Action: Motion to uphold the Development Review Committee's
denial of the waiver request.
Mr. Martsolf commented on DRC's denial of the waiver request to connect to central water
that is available on Highway 42. He noted the applicant and Utilities Director are both
present.
Mr. Martsolf stated the applicant wishes to construct a residence on this somewhat odd
shaped piece of property in the southeastern portion of the property, which maximizes
the distance that he needs to run a line from Highway 42, where the line exists and is
asking for a waiver because of the distance and cost.
In response to Chairman Zalak, Mr. Martsolf stated it is for residential construction.
Utilities Director Angel Roussel advised that this parcel is within the 400 feet connection
distance pursuant to the Land Development Code (LDC). He stated the DRC
recommended denial.
In response to Chairman Zalak, Mr. Roussel stated the proposal is to place a mobile home
on the southeast corner, which is about 1,700 feet from the road access they currently
have now. The applicant will have to extend the line out in the SE 130th Avenue, but then
their actual plumbing would begin from the rights-of-way (ROW), which runs about 1,700
feet to be able to reach the mobile home.
In response to Chairman Bryant, Mr. Roussel stated the overall acreage is 14 acres.
Commissioner Moore inquired as to a way for the applicants to get an easement from
their neighbors so that the line could run directly from Highway 42 straight to the mobile
home to try and lower the cost. Mr. Roussel stated it can technically be done, but it will
be on the applicant to get the easements from the neighbors. He advised that if the
applicant was able to obtain easements they would not be extending the water main, but
would be doing a long service line. A long service line that Utility can run is about $2,500,
which includes the connection fee, service line meter and after that the applicant would
have to do the plumbing all the way to the residence. The long service line is much
cheaper than extending the water main.
In response to Chairman Zalak, Mr. Roussel stated none of the other properties are on
the county's water main, noting the water main was built in the 2011 - 2013 time frame.
William Baxley, SE 61 st Terrace, Belleview, applicant, was present.
Page 148, Book W
February 21,2017
Commissioner Bryant questioned whether the applicant would be putting a mobile home
or site built home on the site and the approximate cost. Mr. Baxley stated it is a $140,000
mobile home. He advised that he has bids and estimates from several contractors in the
area for plumbing companies, which he did not previously have, but can submit them now
in regard to the cost for hook-up. In response to Commissioner Bryant, Mr. Baxley asked
if the Board wanted to see the estimates. It was the general consensus of the Board for
the applicant to advise of the amounts. Mr. Baxley stated the estimates range from
$33,000 to $50,000, noting he has estimates from Hughes Brothers, Elite Construction,
Paquet Construction, Dustin Nelson Construction and Eagle Underground. He advised
that he also has 2 separate estimates from plumbers, Mike Scott Plumbing and Anthony
Torri Plumbing; for plumbing from his property line to where the proposed mobile home
will be located, which is $7,000 and $9,000.
In response to Commissioner Bryant, Mr. Baxley stated it is a home that he will occupy
and will be his residence.
Commissioner Bryant stated in light of the circumstances, cost and large parcel the
county would be doing the applicant a disservice by requiring him to spend that kind of
money to connect. Chairman Zalak asked if the septic tank will be the same or going to
advanced treatment. Mr. Roussel noted there are no Code requirements to upgrade yet.
Commissioner Bryant stated it would be rather hard for the Board to require an advanced
treatment system. Chairman Zalak noted the Board made someone else overbuild the
drainfield.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
disagree with the DRC's recommendation and approve the waiver request. The motion
was unanimously approved by the Board (5-0).
1482. PUBLIC HEARING - To Consider Adoption of a Resolution to Close and Abandon
a Certain Portion of SE 59th Avenue, Located in Silver Springs Estates
The Board considered the following recommendation from County Engineer Straub, OCE:
Description/Background: This is a request to consider approval of a Resolution to
close and abandon a certain portion of SE 59th Avenue, located in Silver Springs
Estates, Plat Book'S' Page 128-134. The Development Review Committee
considered this request on December 12, 2017 and it was the committee's
recommendation that the petition be granted subject to re-platting all parcels
fronting on either side of that portion of SE 59th Avenue being vacated and
abandoned prior to development, and providing for cross access and drainage
controls as required per Code for those parcels.
Budget Impact: None.
Recommended Action: Motion to adopt the Resolution closing and abandoning a
certain portion of SE 59th Avenue and authorize the Chair and Clerk to execute the
same.
Mr. Martsolf commented on the request to adopt a Resolution to close and abandon a
platted road that has not yet been constructed. In fact, none of this portion of the plat has
been constructed. The road is just south of the Silver Springs Estates Subdivision on
Baseline Road, directly across from the golf course, north of Belleview. The property has
been owned for some time by the same family and after the ROW taking for Baseline
Road it left these frontage lots with a little over 150 feet. The family felt it will be more
marketable to abandon that road and combine the property to be replatted into some type
of configuration after the road closure. The property is zoned B-2 along there and has a
Book W, Page 149
February 21,2017
commercial land use. Staff approves the request, with the caveat that they do have to
replat the property, as the lot lines do not line up. There are several easements in there
for stormwater, etc., all of which needs to be worked out through the platting process,
which can be done at DRC.
Chairman Zalak stated if that is shifted, is the result to try and further deepen the existing
B-2? Mr. Martsolf stated that is correct, noting again that none of this is on the ground.
He reiterated that the property is owned by the same family that originally subdivided the
property. In response to Chairman Zalak, Mr. Martsolf stated the aerial shows that there
is nothing on the property.
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 Stone, seconded by Commissioner Moore, to
adopt Resolution 17-R-047 to close and abandon a certain portion of SE 59th Avenue.
Commissioner Stone stated based on the size of the property it is only prudent to allow
the property owner to get the maximum use by extending it and replatting. Chairman
Zalak noted that by approving the abrogation, it will automatically make the applicants
replat the property. Mr. Martsolf concurred.
The motion was unanimously approved by the Board (5-0).
1483. Request to Uphold DRC's Denial Regarding Waiver Request LDC 6.14.2.B(1)(a)­ Water Connection for New Single Family Residential for the Brent Rigby Property Parcel
#4703-039-039, Project #2017010052, Application #19919
The Board considered the following recommendation from Growth Services Director
Martsolf, on behalf of the DRC:
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. The applicant's statement of justification for the
requested waiver is as follows:
The applicant requests waiver because the estimated line extension cost of
$30,648.94 makes the building of a home on this lot financially not feasible. The
estimate does not include the additional cost to Marion County Utilities of
$2,297.00. The total cost would be eleven times the cost of a well, and the
connection would not be required if the property was 23 feet further from the new
water main installed on Highway 42.
DRC action on February 6, 2017, by a vote of 5-0, was to deny the request.
Budget/Impact: None.
Recommended Action: Motion to uphold the Development Review Committee's
denial of the waiver request.
Mr. Martsolf noted that 14B3 is very similar to 14B1. The request is to also uphold DRC's
denial of the water extension from Hiqhway 42, but only this is over in Orange Blossom
Hills, which is on the other side of Highway 441, just down from The Villages. The
applicant wishes to construct a single family residence on a lot; on the back side of the
first block off Highway 42 and will actually have to go up the road to the intersection and
then down to his lot, which is still less than 400 feet so the Code requires connection.
Commissioner Moore inquired as to whether or not the applicant can get an easement
from the neighbor to run the line across the neighbor's property straight out to Highway
42. Mr. Roussel stated it would be a similar situation. If the applicant is able to obtain that
Page 150, Book W
February 21, 2017
easement, the Utility could do a short service line that would cost approximately $2,700
for the service line, meter and connection fees. In response to Commissioner Moore, Mr.
Roussel noted the size of the property is 0.22 acres. Commissioner Bryant clarified that
it is a 1/4 acre lot.
Commissioner Bryant questioned the number of Utility customers in this area. Mr.
Roussel stated there are no County Utility customers at this time in Orange Blossom Hills,
noting they just extended the line. Chairman Zalak noted the extension was mostly for
other commercial nodes, as well as the smaller quarter acre lots, but is not sure about
this one.
Brent Rigby, SE 81 st Terrace, applicant, was present and stated this lot is 377 feet from
the water line that was just connected. He noted he has owned the lot for almost 5 years
and has built a number of homes in Orange Blossom Hills; however, this will be a rental
home. Mr. Rigby stated he received the Building Permit results back rejecting the request.
He advised that the price he submitted is low, noting he has estimates and had Eagle
Underground come and provide a price of about $35,000, which does not include the
county's connection fees. The costs make it not feasible and the lot unbuildable.
Mr. Rigby noted there are a number of homes being built in that area. Just 2 lots down on
the same street are 2 other homes that are being built; however, they are past the 400
feet requirement distance. It seems somewhat unfair to say one is 23 feet too close and
make them pay $35,000 more, which makes it where he cannot build. However, it does
make sense, as Orange Blossom Hills is an area that has been increasing in allotted
homes lately.
Mr. Rigby stated it does make sense to have some sort of water systems to be brought
into the area whether through an impact fee, through a bond; same as for paving roads,
noting the roads were dirt until fairly recently. By doing a Bond, it provided the funds for
the ability to pave the roads. To request that 1 person pay that $35,000 initial fee to bring
water just means that it will never happen, as it cannot happen financially.
Commissioner Moore questioned whether the county can have a municipal service taxing
unit (MSTU) for Orange Blossom Hills. Mr. Roussel stated it is a possibility. Commissioner
Bryant opined that with the number of homes she is looking at right there that have already
built with wells and septic tanks that are probably working just fine. She stated she can
imagine if the county tried to get an MSTU for something like that the homeowners and
others will not be happy.
Chairman Zalak stated the applicant is absolutely right, if the county is going to make a
line then they should go in with a realistic view, not just 400 feet, but make them all
connect. Commissioner Bryant opined that the county cannot make them connect unless
there is a policy in place requiring residences to connect when their systems fail, but not
if their systems are working. Chairman Zalak concurred and clarified that for the multiple
homes being built in the area the county should have looked at this from a broader
spectrum and made them all connect. Commissioner Bryant agreed, noting she was
talking about the existing residences. Chairman Zalak stated if their septic fails and the
line is there in front of their house then they can be made to connect rather than installing
a new septic tank. Commissioner Bryant agreed that it is something the county needs to
address; however, it is not fair to make 1 person pay the brunt of those costs. Chairman
Zalak stated they will never get away from that, noting if that is done then philosophically
they agree that where sewer is available the county should allow septic's on 1/4 acre lots.
He noted the line to this property is less than 400 feet and questioned how much closer
they can get. Mr. Rigby advised that the water line is 377 feet away. Chairman Zalak
Book W, Page 151
February 21,2017
stated it is within 400 feet, noting he is fine with the Commission making a motion and
vote.
Commissioner Stone advised that she spoke with Mr. Roussel as she spent some time
wrestling over this one herself. She stated she asked for some numbers from Mr. Roussel
that she would like to share. Overall, the entire Orange Blossom Hills subdivision
development is platted for 2,881 lots and so far 1,287 are improved lots. In this particular
area there are 204 parcels with 58 improved lots. Based on the vicinity and current growth,
which is right across the street from The Villages, it is an' area that will continue to grow.
She voiced her concern that if the Board allows this one then it will open the door for
many more waivers. Commissioner Stone commented on the need to have learned from
looking at the history with Silver Springs Shores and Marion Oaks and start thinking about
prioritizing water and sewer. She noted sewer is 600 feet away from this location, but
water is much closer. In the grand scheme of things the county may want to give some
priority to this area. Commissioner Stone stated she agrees with Chairman Zalak to hold
the line on this request and have the applicant hook-up to the county's water system.
Mr. Rigby stated that sounds great, in theory, but what happens is that means this just
does not get built on. Commissioner Stone opined it may mean that for now. Chairman
Zalak advised that there are plenty of builders that come in afterward and assemble a
block of lots and the county will run it, noting it will happen. Mr. Rigby agreed, but noted
2 lots are currently being built on down the street by 2 other builders. He clarified that 1
builder has submitted his permit and will be approved since he is only 23 feet away from
the water line and the other lot is another 100 feet away. If there is a plan in place that
will bring water in that shares that cost equally then it does make sense, but what happens
by placing that requirement on just 1 single lot that $35,000 is not feasible. Chairman
Zalak interjected that it is not placing the requirement on just 1 single lot, but is placing it
on anything that is within 400 feet of the line. To say the county is singling 1 lot out is not
true, as there are plenty of lots here that could want to build and are vacant.
Mr. Rigby stated the same day his permit was submitted another builder also submitted
a permit. The other builder is the exact same distance from the water line; however, the
other building permit was approved and Mr. Rigby's was rejected. Chairman Zalak stated
there must be a mistake there then. Mr. Roussel advised that the other builder was
notified that the permit was a mistake and is aware of the error. He stated this one will
also likely come back to the BCC as a waiver request.
Commissioner Bryant questioned whether the applicant has thought about contacting the
adjacent property owner to Highway 42 to see if that owner would allow him to run the
line from there? Mr. Rigby stated he has and advised that there are 2 other lots that are
within distance. Commissioner Bryant noted the line will be underground. Mr. Rigby stated
if the other 2 lots were to split the costs, it will still be close to $15,000 each, plus
connection fees. Mr. Roussel advised that if the applicant is able to obtain an easement
from the southern parcel, most probably along their boundary line, then the applicant
would not need to run a full-sized water main, as it would only be plumbing. Mr. Rigby
agreed and noted he also has an estimate from Torri Plumbing (that is included in the
Agenda package) showing the cost to run the water line is $1,600, which is reasonable.
He questioned why someone would be motivated to grant an easement. Commissioner
Bryant stated she understands what the applicant is saying, but opined that it is worth
reaching out to them to see if the adjacent property owner is willing to provide an
easement. She noted the worst thing that can happen is the adjacent property owner can
say no.
Page 152, Book W
February 21,2017
Mr. Rigby stated he has thought about that, but even with splitting it 3 ways makes it
infeasible. Commissioner Bryant questioned why the cost should be split 3 ways. Mr.
Rigby stated there are only 3 lots within that 400 foot area. Commissioner Bryant clarified
that she is talking about his parcel and his parcel only. Mr. Minter advised that
Commissioner Bryant is talking about the easement. Mr. Rigby stated that would be great,
noting he would love to do that if he can, but has not yet reached out to the neighbor.
Mr. Roussel added that the construction of a well will be $5,000 to $6,000. Mr. Rigby
stated a well is about $3,000. Mr. Roussel noted the cost will be similar to that of the
service line.
General discussion ensued.
Commissioner Bryant suggested this matter be continued to another meeting to allow the
applicant an opportunity to reach out to the adjacent property owner before making a final
decision. Chairman Zalak stated that can occur.
Commissioner Bryant advised that county staff may be able to assist in looking up any
records as to the property owner. Mr. Roussel agreed.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
continue this matter to another Board meeting at which time staff will bring it back.
Commissioner Gold questioned whether the property of the front lot where the extension
will go through on that easement can also connect to that line". Mr. Roussel concurred,
noting the service line is used for multiple means. Commissioner Gold noted it will also
be a benefit to others. Mr. Roussel stated the Utilities can install a meter on the service
line. Commissioner Bryant opined that that in itself may be what motivates those 2
property owners because then it becomes a savings to everyone involved.
The motion was unanimously approved by the Board (5-0).
Chairman Zalak opined that beyond this the county needs to have Mr. Roussel go back
and look at a plan for water and wastewater in that region. If more than half the lots are
not built the county can put some kind of moratorium in place for now so that it can be
analyzed and then come up with a strategy. He stated water is fine, but the significant
issue is with the wastewater. Chairman Zalak advised that they need to figure out what
the Utility can do to get line stubbed in the area and then get the rest of the building, if it
is only halfway complete, on wastewater.
Mr. Roussel noted this is another similar situation to Silver Springs Shores. An area that
has subdivisions with no water or sewer services. Commissioner Bryant opined the
county will see a lot more growth, a lot quicker, in this area and it might be something that
is feasible. Chairman Zalak advised that the county may have to do the rate different in
this subdivision for a number of years, as has been done in the past, in order to make it
work.
Commissioner Bryant out at 2:50 p.m.
Mr. Bouyounes asked if the Chairman is talking about an assessment to run the lines.
Chairman Zalak stated he is not and opined that it can be done in the rate, noting the
county may have to connect the line in several strategic areas on the Utility end of things
and then recover the costs over the long term, but at least it will be available. If not, then
none of this is going to connect. Mr. Roussel stated the Utility can try to do a case study
for a small unit. Chairman Zalak interjected that if it is done now, then approximately 1,000
units could connect over time. He stated the county needs to figure out what the model is
for that and what the benefit analysis is, as all these 1/4 lots need to connect.
Chairman Zalak directed the Utilities Director to bring back an analysis and a strategy to
accomplish that issue. Mr. Roussel agreed.
Book W, Page 153
February 21,2017
14C. Planning and Zoning Items for Individual Consideration:
14C1. 16-L08 - Manuel Olivier, USA Ymor Lime Investments LP, High Density to Urban
Residential, 20 Acres: High Density to Employment Center, 20 Acres
The Board considered the Large Scale Comprehensive Plan Amendment by Manuel
Olivier, USA Ymor Lime Investments LP (owner) ITillman & Associates Engineering, LLC
(applicant), 1 Des Huards Street, Verdun PO, H3E 1X9, for a land use change, Articles
1, 2 and 3 of the Marion County Land Development Code, from High Density to Urban
Residential on approximately 20 acres and High Density to Employment Center on
approximately 20 acres of Parcel Account Nos. Nos. 35308-000-00 and 35334-008-00.
PERCENT WRITTEN OPPOSITION WITHIN 300 FEET: 0 of 20 =0%.
PLANNING &ZONING COMMISSION RECOMMENDATION: Motion made by Mr.
Lourenco, seconded by Mr. Colen, to agree with staff's findings and
recommendation, and recommend approval based on the following Consent
Agenda items (161201SU, 161202SU, 161205SU, 161206Z, 161210SU and 16­
L08) findings of fact:
1.
Will not adversely affect the public interest.
2.
Is consistent with the Marion County Comprehensive Plan.
3.
Is compatible with the surrounding land uses.
The motion passed 4 to 0 with Mr. Bailey abstaining due to a conflict of interest.
(Ed. Note: P&Z Commission recommendation from 11/28/16 meeting, which was placed
on the 12/20/16 BCC Agenda.)
Strategic Resources Project Manager Kevin Smith, AICP, Growth Services, advised that
the next 3 items (14C1, 14C1a and 14C1b) are a combination of a land use amendment
for a higher density, an associated rezoning request from R-1 (Single Family Residential)
and B-2 (Community Business) to a Planned Unit Development (PUD), and a Developer's
Agreement Termination (16-DT6), which has expired on the property.
Commissioner Bryant returned at 2:52 p.m.
Staff has reviewed this information and finds it consistent with the Comprehensive Plan.
This proposal will allow for the 11Oth Street mixed use PUD, which will include townhomes,
residential condominiums (condos), professional offices, assisted living and community
commercial areas. Staff sent the large scale land use part to the state for their comments
and received no objections. Staff finds no concurrency issues at this time and
recommends approval.
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
approve Large Scale Comprehensive Plan Amendment No. 16-L08, agreeing with Growth
Services staff and the P&Z Commission recommendations, based on findings that the
land use change will not adversely affect the public interest, is compatible with land uses
in the surrounding area, is consistent with Chapter 163, Florida Statutes (FS) and the
Marion County Comprehensive Plan. The motion was unanimously approved by the
Board (5-0).
14C1a. 161207Z - Manuel Olivier, USA Ymor Lime Investments LP, R-1 and B-2 to
PUC, 70 Acres
The Board considered a petition by Manuel Olivier, USA Ymor Lime Investments, LP, 1
Des Huards Street, Verdun PO, H3E 1X9, for a Zoning Change, Articles 2 and 4, of the
Page 154, Book W
February 21,2017
Marion County Land Development Code, from R-1 and B-2 to PUD on approximately 70
acres of Parcel Account Nos. 35308-000-00 and 35334-008-00. (16-L08)
WRITIEN OPPOSITION WITHIN 300 FEET 0 of 20 =0%.
PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was
made by Mr. Colen seconded by Mr. Lord to agree with staff's findings and
recommendation, and recommend approval of the zoning change based on the
following findings of fact:
1.
Will not adversely affect the public interest.
2.
Is consistent with the Marion County Comprehensive Plan.
3.
Is compatible with the surrounding land uses.
The motion passed 4 to 0 with Mr. Bailey abstaining due to a conflict of interest.
(Ed. Note: P&Z Commission recommendation from 11/28/16 meeting, which was placed
on the 12/20/16 BCC Agenda.)
This matter was addressed with Item 14B1 (16-L08).
A motion was made by Commissioner Stone, seconded by Commissioner Gold, to
approve the Zoning Change from R-1 to B-2, agreeing with Growth Services staff and the
P&Z Commission recommendations, 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).
14C1b. 16-DT6 - Manuel Olivier, USA Ymor Lime Investments LP, Developer's
Agreement Termination and Expiration Acknowledgment, 60 Acres
The Board considered the request by Manuel Olivier, USA Ymor Lime Investments, LP,
1 Des Huards Street, Verdun PO, H3E 1X9, to acknowledge the prior Developer's
Agreement expiration without requiring extension and/or renewal of the Developer's
Agreement as recorded in Marion County Public Records, Official Record Book 2096,
Pages 1958-1969.
This matter was addressed with Item 14C1 (16-L08).
A motion was made by Commissioner Gold, seconded by Commissioner Stone, to agree
with Growth Services staff and the P&Z Commission and grant the Developer's
Agreement Termination and Expiration Acknowledgement. The motion was unanimously
approved by the Board (5-0).
14C2. 170210Z - Larry and Suzanne Epperson, R-4 to R-1, 5 Acres
The Board considered a petition by Larry and Suzanne Epperson (owners) Currington
Homes, LLC; Boutwell/Buss (applicant), 485 NW 71 5t Avenue, Ocala, FL, for a Zoning
Change, Articles 2 and 4, of the Marion County Land Development Code, from R-4 to R­
1 on approximately 5 acres of Parcel Account No. 23204-008-00.
WRITIEN OPPOSITION WITHIN 300 FEET 0 of 8 = 0%.
PLANNING AND ZONING COMMISSION RECOMMENDATION: Motion was
made by Mr. Gaekwad, seconded by Mr. Bailey to agree with staff's findings and
recommendation, and recommend approval based on the following findings offact:
1.
Will not adversely affect the public interest.
2.
Is consistent with the Marion County Comprehensive Plan.
3.
Is compatible with the surrounding land uses.
The motion passed 7 to O.
Book W, Page 155
February 21,2017
Senior Planner Chris Rison, AICP, Growth Services, noted this is a request for a Zoning
Change from R-4 (Residential Mixed Use) to R-1 (Single Family Dwelling), on property
located off of SR 40 in the western portion of the county, just west of the Commerce
District area that is situated at 60th Avenue and Highway 40, on the northwest corner. This
is in an unrecorded subdivision where there is a series of lots that are provided. The
applicants are requesting to rezone the property to allow for a guest or family cottage on
this site, which is not a permitted activity under the current R-4 zoning. Staff is
recommending approval of the rezoning request.
Larry Epperson, NW 71 51 Avenue, -~icant, was present and advised that he wants to
build a house for his mother-in-law and father-in-law to live in that will be approximately
1,000 square feet in size. In response to Chairman Zalak, Mr. Epperson stated it was
either that or to connect it, noting the way they are building the new residence it will not
have a front door, but will look like a continuance of the existing structure.
Chairman Zalak opened the 1100r 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
approve the Zoning Change from R-4 to R-1, agreeing with Growth Services staff and the
P&Z Commission, based on findings and recommendations that the proposed use will not
adversely affect the public interest, is consistent with the Comprehensive Plan and is
compatible with the surrounding land uses. The motion was unanimously approved by
the Board (5-0).
140. Adoption of Ordinance
1401. 16-S02
Mr. Rison advised of a typographical error on this Agenda Item, which is listed as 16-S02,
but should actually be 17-S02.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
adopt Ordinance 17-04 adopting Small Scale Comprehensive Plan Amendment No. 17­
S02, agreeing with Growth Services staff and the P&Z Commission recommendations,
based on findings that the land use change will not adversely affect the public interest, is
compatible with land uses in the surrounding area, is consistent with Chapter 163, FS
and the Marion County Comprehensive Plan. The motion was unanimously approved by
the Board (5-0).
Ordinance 17-04 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:
2017-S02, WILLIAM GLADSON;
.76 +/- Acres;
PID# 47667-002-00;
FROM PUBLIC
TO COMMERCIAL
PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR
FINDINGS;
PROVIDING
FOR
APPEALS;
PROVIDING
FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING AN
EFFECTIVE DATE.
Page 156, Book W
February 21, 2017
1402. 16-L08
A motion was made, by Commissioner Bryant, seconded by Commissioner Moore, to
adopt Ordinance 17-05 adopting Large Scale Comprehensive Plan Amendment No. 16­
L08, 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 17-05 is entitled:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MARION COUNTY, FLORIDA; ADOPTING THE FOLLOWING LARGE­
SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF
THE MARION COUNTY COMPREHENSIVE PLAN:
2016-L08, USA Ymor Lime Investments, LP;
40 +/- ACRES;
PID# 35308-000-00;
HIGH DENSITY RESIDENTIAL TO
URBAN RESIDENTIAL & EMPLOYMENT CENTER
PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR
FINDINGS;
PROVIDING
FOR
APPEALS;
PROVIDING
FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING AN
EFFECTIVE DATE.
1403. Zoning
The Deputy Clerk presented Affidavits of Mailing and Posting of Notices received from
Deputy Growth Services Director Sam Martsolf and Deputy Clerk Bonvissuto regarding
petitions for rezoning and Special Use Permits heard earlier in the meeting.
A motion was made by Commissioner Bryant, seconded by Commissioner Moore, to
adopt Ordinance 17-06 amending the Marion County Zoning Map pursuant to individual
decisions made by the Board on each application heard in the public hearing. The motion
was unanimously approved by the Board (5-0).
Ordinance 17-06 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.
There being no further business to come before the Board, the meeting thereupon
adjourned at 2:57 p.m.
ca~
Attest:
---~~
David
Qr, • . - '
R~nn, Clerk
Book W, Page 157
February 21,2017
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Page 158, Book W